Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39892 of 2011 ====================================================== Vijay Sah S/O Jagdish Sah Resident of Village (Khonhi), Sonbarsa, P.S. Shankarpur, District - Madhepura. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 29-02-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Shankarpur P.S. Case No. 58 of 2009 ( G.R. No. 1720 of 2009) for the offences punishable under [STATUTE] . Learned counsel for the petitioner submits that the case bearing Complaint Case No. 686 of 2009 was instituted by the mother of the victim girl on 17.06.2009 i.e. after three days of the alleged occurrence alleging abduction of her daughter by the accused. The victim girl was subsequently recovered. The reason for the alleged occurrence is stated to be the land dispute going on between the parties. Learned counsel for the petitioner submits that the case in question is a ploy to apply pressure and which is evident from the statement of son-in-law of the informant recorded in paragraph 25 of the case diary. He further submits that the petitioner has suffered incarceration for six months. He further submits that no physical harm was caused to the victim girl. Considering the circumstances and the submissions of learned counsel, let the petitioner namely, Vijay Sah be released on bail on furnishing Patna High Court Cr.Misc. No.39892 of 2011 (3) dt.29-02-2012 2 bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in connection with Shankarpur P.S. Case No. 58 of 2009 (G.R. No. 1720 of 2009) subject to the following conditions:- (a) That the petitioner shall accept the police papers on the given date and shall also be present on the date fixed for charge and if he fails to do so on two consecutive dates fixed for such purpose, the bail bond of the petitioner shall be liable to be cancelled. (b) The petitioner shall ensure his representation before the Court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would entitle the Court concerned to cancel the bail bond of the petitioner and to take him into custody. Bibhash (Jyoti Saran, 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.