Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36025 of 2012 ====================================================== 1. Ajay Kumar Choudhary, Son of Late Rajendra Prasad Choudhary. 2. Amardeep Singh, Son of Late Jageshwar Singh. 3. Uttam Kumar, Son of Late Bhubneshwar Mandal. 4. Fuchan Choudhary, Son of Sh. Rajendra Jaiswal. 5. Anant Kumar, Son of Sh. Balmiki Choudhary. 6. Ravi Kumar, Son of Sh. Amardeep Singh. 7. Navlesh Kumar, Son of Late Lachan Baitha. 8. Deepak Kumar, Son of Sh. Ram Babu Sonar. All residents of Village- Ayodhyaganj Bazar, P.S. Kursela, District-Katihar. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioners : Mr. Rana Pratap Singh, Senior Advocate. For the informant : Mr. Bindhya Keshari Kumar, Sr. Advocate. For the State : Mr. J.N. Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 21-09-2012 Heard learned senior counsels for the petitioners, complainant and learned A.P.P. for the State. The petitioners are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . It is alleged that the complainant had love affairs with the daughter of petitioner no.1 when a case was lodged by petitioner no.1 being Kursela P.S. Case No. 67 of 2011 against the complainant and Patna High Court Cr.Misc. No.36025 of 2012 (2) dt.21-09-2012 2 / 3 2 others but when the girl was produced she admitted love affairs when the complainant filed a case for restitution of conjugal life. It is alleged that on 03.08.2011 when the complainant went to purchase the medicines he was being assaulted by the petitioners and snatched Rs. 3900/- and his signature was taken on blank papers. It is submitted by learned senior counsel for the petitioners that on 03.08.2011, Kursela P.S. Case No. 114 of 2011 was registered under [STATUTE] and 25(1- b),a, 26, 27 and 37 of the Arms Act when the complainant was apprehended and he was forwarded by the police for medical examination on 03.08.2011 when his injuries were examined on 04.08.2011 in Kursela P.S. Case No. 114 of 2011 and the injuries have been found to be simple caused by hard and blunt substance. It is submitted by learned senior counsel for the complainant that the complainant was assaulted and he was maliciously been handed over to the police under the Arms Act case when the victim was examined and injuries have been found on the vital part of the body caused by sharp cutting weapon. Considering the fact that injuries were Patna High Court Cr.Misc. No.36025 of 2012 (2) dt.21-09-2012 3 / 3 3 examined by the doctor in Kursela P.S. Case No. 114 of 2011 in which the complainant was accused and apprehended which are found to be simple caused by hard and blunt substance, let the petitioners 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 Complaint Case No. 2009 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 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.