Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7590 of 2012 ====================================================== Nagendra Kumar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . It is alleged that the complainant purchased Tata Magic vehicle from the Maurya Motors Finance Ltd. financed by Tata Motors Finance Ltd. on payment of margin money. The complainant had to pay rupees ten thousand installment per month as repayment of the loan amount but when she was unable to repay the loan amount, she entered into an agreement with the petitioner when the petitioner took the vehicle on lease whereby the petitioner was to pay rupees ten thousand to the Financial Company by way of repayment of loan and Patna High Court Cr.Misc. No.7590 of 2012 (2) dt.14-03-2012 2/3 submit receipt of payment to the complainant and after three months of such payment, the petitioner had to pay Rs.1500 to the complainant also apart from the payment of monthly installment to the Financial Company. The agreement was entered into between the parties on 29.9.2009 for the period from 1.10.2009 to 31.8.2010 but the petitioner did not comply the terms of agreement and on 21.11.2010, the accused persons came to the house of the complainant and threatened that if the agreed amount is demanded, then the complainant will have to face dire consequences and thereby the accused persons not only cheated the complainant but caused a loss of Rs.1,30,000 to the complainant. It is submitted by learned counsel for the petitioner that the agreement was for the period 1.10.2009 to 31.8.2010 but the complaint has been filed on 23.11.2010. More over, on enquiry from Tata Finance, the petitioner came to know that the invoice date of the vehicle in question is 16.5.2011 and first date of the re-payment of installment of the loan amount is 15.6.2011, as gets reflected from Annexure 2 then there was no occasion for the petitioner to deposit the amount Patna High Court Cr.Misc. No.7590 of 2012 (2) dt.14-03-2012 3/3 in the aforesaid Financial Company earlier to issuance of Annexure 2. Considering the nature of accusation and the submission of the learned counsel for the petitioner which suggests the accusation arising out of contractual relationship between the parties, let the petitioner aboe named be released on anticipatory bail in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Complaint Case No. 3182(C) of 2010 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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.