Case Facts:
Patna High Court Cr.Misc. No.37648 of 2012 (2) dt.03-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37648 of 2012 ====================================================== Shankar Bhagat .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-10-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . It is alleged that when the complainant went to take kerosene oil from the PDS shop of the petitioner which is run by the wife of the petitioner, then forceful physical relationship was established by petitioner with the complainant. It is submitted that no medical examination was done which gets reflected from the complaint petition itself and offence alleged to have been committed on 10.10.2011 at 1 P.M. when there is no eye witness to the occurrence when complaint was filed on the next day. It is further submitted that the wife of the petitioner had lodged a case being Bihariganj P.S. Case no. 110 of 2011 against Panchayat Mukhiya then the present complainant has been set up to lodge the false case. Patna High Court Cr.Misc. No.37648 of 2012 (2) dt.03-10-2012 Considering the fact that accusation is based on complaint when no effort was made to get the complainant medically examined, let the above named petitioner be released on anticipatory bail in the event of 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 SDJ.M., Madhepura in connection with Complaint Case No. 850 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.