Case Facts:
Patna High Court Cr.Misc. No.35976 of 2010 (4) dt.11-04-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35976 of 2010 ====================================================== Yugal Yadav, s/o Rameshwar Yadav, resident of village Kena Sarai, P.S. Nawada, district Nawada .... Petitioner Versus 1. The State Of Bihar 2. Sunita Devi, w/o Yugal Yadav, village Kena Sarai, P.S. Muffasil, district Nawada at present Dhamaul. P.O. Dhanama, P.S. Hasua, district Nawada .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 11-04-2012 Heard learned counsel for the petitioner, the complainant and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] . There is allegation of assault and subjecting cruelty and not maintaining the victim by the husband-petitioner and earlier also several times cases have been filed, which were compromised. The learned counsel for the petitioner submits that he is ready to keep the victim wife. The learned counsel for the complainant also submits that the victim wife is ready to live with the petitioner provided she be kept with due dignity and be not assaulted or subjected to cruelty. Both, the petitioner and the complainant, is directed to appear before the Court below on 11th May, 2012, and on their appearance the husband shall file an affidavit to the effect that he will keep the victim with due dignity and will not assault or subject her to cruelty. The trial Court on being satisfied that the affidavit and the conduct of the petitioner shall allow bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 997 of 2009 to the satisfaction of Sri A.A. Sahay, Judicial Magistrate, 1st Class, Nawada, subject to the condition Patna High Court Cr.Misc. No.35976 of 2010 (4) dt.11-04-2012 2 that the petitioner will keep the victim with due dignity and will neither subject her to cruelty nor assault her. However, if any breach of conditions is reported or alleged then the trial Court shall proceed for cancellation of bail and at the same time, if any petition filed for maintenance or right of residence under the Domestic Violence Act then the Court below shall dispose off the same within two months. SA/- (Gopal Prasad, 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.