Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3851 of 2012 Shiv Shankar Mahto, son of Ram Chandra Mahto, resident of village-Kios Nijamat, P.S.-Samastipur Mufasil, District- Samastipur. Versus The State of Bihar ------------------- 2 25.01.2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with a case instituted under [STATUTE] . It is submitted that the petitioner happens to be a neighbour of the informant. It is unbelievable that the two brothers could indulge themselves together in committing the offence alleged. At best, the case would be of [STATUTE] and not under [STATUTE] . The alleged occurrence is said to have taken place on 3.7.2011 at about 7 p.m. but the F.I.R. was not registered promptly. The information was given to the police on 4.7.2011 at 8 p.m. Be that as it may, considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Samastipur (Mufasil) P.S. Case No.370 of 2011(G.R. No. 1374 of 2011) on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving 2 genealogy as to how he is related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/ (Ashwani Kumar Singh, J.)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.