Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36648 of 2012 ===================================================== Manish Kumar @ Munni, son of Shivaji Prasad Roy, resident of village-Kalyanpur, P.S. Kalyanpur, District-Samastipur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 2 04-10-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in Kalyanpur P.S. Case No.116 of 2012 registered under [STATUTE] . It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case by the informant, Praveen Kumar, the cousin brother of the victim, Niraj Kumar, only with a view to harass as the petitioner was running a hotel, where the informant used to take meal and on demanding the price of the meal, the informant has falsely implicated the petitioner. The petitioner is in custody since 14.7.2012. It is further submitted that from perusal of the report of the Medical Board (Annexure-‘2’ to this application), it would appear that nothing any sign of homo sexual over the body and private part of Patna High Court Cr.Misc. No.36648 of 2012 (2) dt.04-10-2012 2 / 2 2 the victim was found. Having regard to the facts and the circumstances of the case, the petitioner abovenamed, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Kalyanpur P.S. Case No.116 of 2012. P.S./- (Rajendra Kumar Mishra, 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.