Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36930 of 2012 ====================================================== Dhirendra Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 28-09-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . On 11.06.2012 the father of the informant proceeded for Patna from Banahi through Maruti Van having Rs. 50,000/- of the sale proceed of his land when the vehicle broke down thereafter the police personnel came, assaulted him and took him into the police station. It is alleged that on the same day the informant contacted his father on mobile when mobile was picked up by this petitioner who asked the informant to come to the police station and when he came to the police station he saw his father being assaulted by the officer-in-charge Ras Bihari Paswan and after three days the father of the informant was remanded to the jail custody but the jail authority refused to take him and after refusal by the Patna High Court Cr.Misc. No.36930 of 2012 (2) dt.28-09-2012 2 / 3 2 jail authority the father of the informant was brought to the police station when officer-in-charge again assaulted and due to the injury caused by the officer-in-charge the father of the informant died. It is submitted by learned counsel for the petitioner that only allegation against this petitioner is that he picked up the mobile of the father of the informant when thet petitioner was on leave from 12.06.2012 for six days which gets reflected from leave application contained in Annexure-2 which has also been entered into station diary as get reflected from Annexure-3 since the leave was sanctioned. It is also submitted that on 15.06.2012 the Superintendent of Police suspended the officers excluding petitioner who were present in the police station and the said suspension order has been brought on record as Annexure-6 which suggests that petitioner’s claim of leave during such period. Though the petitioner was subsequently suspended on mere suspicion. Learned counsel for the State submits that no verification with regard to the telephone call has been made till date and does not controvert the factum of leave of the petitioner. Considering the fact that except accusation of petitioner’s picking up the telephone of the father of the informant when informant called, the accusation of assault is not leveleld against the petitioner in the First Information Patna High Court Cr.Misc. No.36930 of 2012 (2) dt.28-09-2012 3 / 3 3 Report, let the petitioner namely Dhirendra Kumar, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur in connection with Maner P.S. Case No. 158 of 2012. Shageer/- (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.