Case Facts:
Patna High Court Cr.Misc. No.17430 of 2012 (2) dt.15-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17430 of 2012 ====================================================== Pintu Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.18687 of 2012 ====================================================== Ashok Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 15-05-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences under [STATUTE] . Specific accusation against petitioner Ashok Kumar is to have assaulted with dagger to the informant’s brother when Raja Ram Prasad and Santosh Kumar are alleged to have assaulted with iron rod, who are not petitioners before this Court. Accusation against petitioner Pintu Kumar is that he was brandishing country made pistol and thereby holding threats. Considering the specific accusation against petitioner Ashok Kumar, this court is not inclined to grant anticipatory bail Patna High Court Cr.Misc. No.17430 of 2012 (2) dt.15-05-2012 to him. However, the learned court below will consider the regular bail of petitioner Ashok Kumar keeping in view that the accusation has been levelled in the background of civil dispute pending between the parties in case he surrenders within six weeks in connection with Chakia P.S. Case no. 62 of 2012 pending in the court of C.J.M. Motihari. So far as petitioner Pintu Kumar is concerned, considering the fact that there is no allegation of causing any overt act, let he be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with the above mentioned case subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (Dinesh 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.