Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21850 of 2012 ====================================================== 1. Abhimanyu Gautam @ Ambhimanyu Kumar @ Mantu Kumar S/O Sachidanand Singh Resident Of Mohalla- Gandhi Nagar, Police Station- Krishnapur, District- Patna. 2. Abhay Kumar @ Chhotan Kumar, S/O Sidhnath Singh Resident Of Mohalla- Gandhi Nagar, Police Station- Krishnapur, District- Patna. .... .... Petitioners Versus 1. The State of Bihar ... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case instituted for the offence punishable under [STATUTE] and Section 3(i)(x) of the Scheduled Caste & Scheduled Tribe (Prevention of the Atrocities) Act, 1989. It is submitted that the present case has maliciously been instituted. The date of occurrence is alleged to be 6.4.2009 but the F.I.R. was instituted after more than 3 months on 23.7.2009. There is no corroborative injury report in support of the allegation. The offences alleged under the penal code are all bailable in nature. In view of the statutory bar under Section 18 of the S.C. & S.T. (P.O.A.) Act, 1989, the present application under Section 438 Cr. P.C. is not maintainable. Patna High Court Cr.Misc. No.21850 of 2012 (2) dt.12-06-2012 2 / 2 2 However, in the facts and circumstances of the case, the petitioners are directed to surrender within a period of four weeks from the date of receipt/communication of a copy of this order before the learned Chief Judicial Magistrate, Patna in connection with Patna S.C./S.T. P.S. Case No. 19 of 2009 and upon such surrender, the learned C.J.M., Patna shall release them on furnishing bonds and sureties to his own satisfaction. With these observations, the application is disposed of. The order may be communicated through Fax at the cost of the petitioners. Sanjeet/- (Ashwani 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.