Case Facts:
Patna High Court Cr.Misc. No.30258 of 2012 (3) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30258 of 2012 ====================================================== Brajesh Kumar Singh .... .... Petitioner/s Versus 1. The State Of Bihar 2. Rubi Devi .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.30721 of 2012 ====================================================== Chhoti Kumari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 14-12-2012 Heard learned counsels for the petitioners, the State and the complainant. The petitioners being the husband of the complainant and second wife of the petitioner are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . The accusation is of torture and performing second marriage. There is a child also from the wedlock. The petitioner Brajesh Kumar Singh is ready to keep the complainant as wife with full dignity and Patna High Court Cr.Misc. No.30258 of 2012 (3) dt.14-12-2012 honour. The offer is acceptable to the complainant but she claims that she is not allowed to meet her child. The petitioner husband is ready to allow the child to live with the complainant and keep the complainant and the child with full dignity and honour. The second wife Chhoti Kumari also undertakes that she will in no way create any disturbance to the peaceful living of the complainant and her child. Considering the present stand of the parties, let the above named petitioners be released on provisional anticipatory bail for one year in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Madhepura in connection with Complaint Case No. 465C of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of the petitioners shall be accepted on filing affidavit that they will comply the undertaking given before this Court in true spirit. The Patna High Court Cr.Misc. No.30258 of 2012 (3) dt.14-12-2012 provisional bail of the petitioners will be confirmed by the learned court below within one year if the complainant does not make any complaint against both the petitioners. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.