IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41800 of 2010 VIJESHWAR TIWARI @ BRAJESHWAR TIWARI @ BHUARMUNDA . Versus THE STATE OF BIHAR . ----------- 02. 26.03.2011 Heard learned counsel for the petitioner and for the State. The submission on behalf of the petitioner is that assuming though not admitting, the allegations of assault at best make out a case under Section 323 of the Indian Penal Code. There is no allegation of any injury of a nature to invoke Section 307 of the Indian Penal Code, either in the First Information Report or in the impugned order of rejection from the materials that may have been collected during investigation. Learned counsel for the State points out that the petitioner with his accomplice is alleged to have misbehaved with the 18 years old daughter of the informant, when he protested the assault followed. The Court is not persuaded to grant the privilege of anticipatory bail. The application is rejected. Any application for regular bail shall be considered on its own merit without being prejudiced by the present order noticing the submission on behalf of the petitioner with regard to the nature of the assault. P.K ( Navin Sinha, J.)