Case Facts:
Patna High Court Cr.Misc. No.9292 of 2012 (2) dt.29-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9292 of 2012 ====================================================== 1. Kaushal Kumar Mahto, S/O Baleshwar Mahto, Resident of Village- Kalyanpur, P.S- Bibhutipur, District- Samastipur. 2. Dinesh Mahto S/O Late Ram Narayan Mahto Resident of Village- Kalyanpur, P.S- Bhiphutipur, District- Samastipur. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 29-02-2012 Heard learned counsel for the petitioners and the learned counsel for State. Petitioners are accused in Bibhutipur P.S. Case No. 256 of 2011 registered under [STATUTE] . It is submitted that there is no specific allegation against petitioner Kaushal Kumar Mahto and the allegation against the petitioner no. 1, namely, Dinesh Mahto is to have caught hold the deceased Munchun Kumari and other accused sprinkled kerosene oil and lit fire on the body of the deceased and assaulted by Lathi and Danda. It is further submitted that there is no allegation against the accused Kaushal Kumar Mahto of any assault or to any specific overt act. During investigation, it has come to light that he took out the deceased Patna High Court Cr.Misc. No.9292 of 2012 (2) dt.29-02-2012 from water. The Petitioner Kaushal Kumar Mahto is 50% handicapped of left leg and he is not able to take the deceased from water. It is further submitted that the deceased was taken to the doctor who has found the burn during cooking. Learned counsel for the State could not controvert the contention of the petitioners while opposing the bail application. Considering the facts and circumstances of the case the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate, Roshera, Distt. Samastipur in connection with Bibhutipur P.S. Case no. 256 of 2011, subject to the conditions: (a) That one of the bailors will be the close relatives of the petitioners. (b) That petitioners will not indulge in any other offence. (c) That they will be well represented before the trial court on each and every date and if on two consecutive dates petitioners fail to make their pairvi, their bail bond would be cancelled by the concerned trial court and they will be taken into Patna High Court Cr.Misc. No.9292 of 2012 (2) dt.29-02-2012 custody. Bhardwaj/- (Amaresh Kumar Lal, J)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.