Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42958 of 2011 Udho Yadav Late Kewal Yadav R/O,Vill.-Sawan Bigha,P.S.- Dharaundha,Dist.-Siwan Versus The State of Bihar ---------------------------------- 02. 12.01.2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Daraunda P.S. Case No. 35 of 2011 for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that the altercation in question is a manifestation of a land dispute. It is further submitted that initially a case was instituted against the husband of the informant and some others, by the petitioner himself giving rise to Daraunda P.S. Case No. 30 of 2011 placed at Annexure-2 in which the son of the present petitioner also sustained grievous injury. It is stated that the case in question has been instituted two days thereafter on 12.03.2011. The F.I.R. charges the petitioner of having assaulted the father-in-law of the informant Madho Yadav by means of a farsa causing injury on his head. Learned counsel, with reference to the injury report placed at Annexure-6, submits that the injury has been stated to have been caused by a hard blunt substance whereas the charge against the petitioner is of assaulting the father-in-law by a farsa. Be that as it may, regard being had to the allegation against the petitioner of having assaulted the said Madho Yadav and the injury report supporting the charge inasmuch as two lacerated injuries have been found on the vital portion of the head of the said 2 Madho Yadav requiring a proper treatment in a hospital, this Court is not convinced with the prayer made by the petitioner for the present. The prayer is rejected. The application is dismissed. S.Sb/- (Jyoti Saran, 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.