Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 48033 of 2012 ====================================================== Opinder Yadav @ Opendra Yadav @ Upendra Yadav, son of late Natho Yadav, resident at Gangiya, P.S. Khagaria (Gangaur, O.P.), Khagaria, Distt. Khagaria. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 18-12-2012 Heard learned counsel for the petitioner. Nobody appears on behalf of the State. The petitioner is in custody in connection with Khagaria (Gangaur O.P.) P.S. Case No. 70 of 2012 registered for offence punishable under [STATUTE] as well as Section 3 (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the ‘Act’). Learned counsel for the petitioner submits that the allegation of rape is against another co-accused namely, Birbal Yadav. As per the F.I.R. only allegation against the petitioner is that he was also part of the mob which used derogatory language with regard to the caste of the informant. It appears that Patna High Court Cr.Misc. No.48033 of 2012 (2) dt.18-12-2012 2 subsequently chargesheet has been submitted under [STATUTE] as well as under Section 3 (x) of the Act. The petitioner is in custody since 22.09.2012 upon him surrendering before the court. Learned counsel has produced a web copy of order dated 07.09.2012 in Cr. Misc. No. 25429 of 2012 by which a co-ordinate Bench of this Court has granted bail to the other accused namely, Birbal Yadav against whom there is allegation of having committed rape. Let the same be kept on record. Upon hearing learned counsel and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in G.R. No. 305 of 2012 arising out of Khagaria (Gangaur O.P.) P.S. Case No. 70 of 2012. Anjani/- (Ahsanuddin Amanullah, 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.