Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2 of 2012 ====================================================== Guddu Ansari S/O Md. Idris Mian Resident Of Village- Kateya, P.S- Janta Bazar, District- Saran (Chapra). .... .... Petitioner. Versus 1. The State Of Bihar. 2. Gudiya Begam, D/O Md. Jabbar, R/O Village- Bhishunpur Arara, P.S. Goraul and District-Vaishali. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 28-09-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and ¾ of the D. P. Act. The accusation is of torture. The petitioner denies the marriage. It is submitted that the mother of the petitioner and father of the informant are own brother and sister but this fact has been suppressed in the complaint petition and the petitioner filed the Informatory Petition No. 97 of 2011 on 26.05.2011 and thereafter the present case was registered on 28.09.2011. The informant claims the Patna High Court Cr.Misc. No.2 of 2012 (4) dt.28-09-2012 2 / 3 2 marriage on 28.03.2011 when she was kicked out from the matrimonial house on 19.05.2011. In the circumstances, petitioner is ready to pay Rs. 1,000/- per month to the informant from November, 2012 by depositing the same in the bank account of the informant by second week of every month. The offer of the petitioner is acceptable to the informant and she undertakes to supply her bank account number by filing the same on affidavit within a period of three weeks before the learned court below. Considering the present stand of the parties, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Goraul P.S. Case No. 218 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The aforesaid payment will have no bearing on the claim and counter claim of the parties with regard to factum of marriage. The aforesaid payment will be subject to any Patna High Court Cr.Misc. No.2 of 2012 (4) dt.28-09-2012 3 / 3 3 order being passed in matrimonial or maintenance proceedings. Three consecutive defaults in making payment will give liberty to the informant to file an application for cancellation of bail of petitioner. U.K./- (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.