Case Facts:
Patna High Court Cr.Misc. No.31502 of 2012 (3) dt.27-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31502 of 2012 ====================================================== Bolbam Sah & Ors. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 27.09.2012 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioners are in jail custody in a case initially, registered under [STATUTE] and 3(X) of the SC/ST (Prevention of Atrocities) Act but later on, after death of Kailu Sada, case was converted into [STATUTE] . There was allegation against the petitioners and other FIR named accused that they assaulted the informant as well as his other family members on account of which near about six persons including the deceased sustained injuries and in course of treatment, the deceased Kailu Sada died. Learned counsel for the petitioners submits that, as a matter of fact, it was the prosecution party who came at the house of the petitioners and assaulted them for which Morkahi P.S. Case no. 73/2012 was registered. It is further contended by him that persons from both sides sustained injuries and moreover, statement of the deceased was recorded at para 26 of the case diary in which he did not make any specific allegation against any of the petitioners and specifically stated that he sustained injury on his hand and the Patna High Court Cr.Misc. No.31502 of 2012 (3) dt.27-09-2012 aforesaid fact is supported by the requisition issued by the Investigating officer for treatment of the aforesaid Kailu Sada as no injury was found on the chest of the deceased and furthermore, at para 61 of the case diary statement of one Dr R.K. Tulasthan was recorded who stated that the deceased had come to his hospital for his treatment and had made complain of pain in his abdomen. It is contended by him that the deceased without giving any information to the doctor left the hospital and, later on, he died. It is further contended by him that post mortem report of the deceased reveals that the deceased died due to fracture of ribs and, therefore, the above stated circumstances show that the deceased might have received the aforesaid injury elsewhere. On the other hand, learned counsel for the informant opposed the prayer submitting that so many persons sustained injuries in the instant case and the deceased died in course of his treatment on account of injuries sustained by him in the above stated occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that general allegation of assault has been levelled against the petitioners and no specific overt-act has been attributed against them, let the petitioners, namely, 1. Bolbam Sah, 2. Subodh Sah, 3 Uday Sah, 4. Ram Jatan Sah @ Bhutta Sah, 5. Vikash Sah, 6. Pankaj Sah and 7. Shivdhar Sah, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Morkahi P.S. Case no. 72/2012. Shahid (Hemant Kumar Srivastava,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.