Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14025 of 2012 ====================================================== Raj Kumar Mukhiya, son of Baharan Mukhiya, resident of village- Chandraha Rupwalia, P.S.-Bathwaria, District-West Champaran. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 04-04-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The prayer is for bail in a case which was originally registered under [STATUTE] but subsequently [STATUTE] has also been added. It is submitted that the case has been instituted with ulterior motive for oblique purposes. The alleged occurrence is said to have been taken place on 4.8.2011 but the F.I.R. was instituted on 14.9.2011. No reasonable explanation has been given for the inordinate delay in institution of the F.I.R. The petitioner is in custody since 30.1.2012 and it has been stated that he has got no criminal antecedent. 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 Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Chautarwa Patna High Court Cr.Misc. No.14025 of 2012 (2) dt.04-04-2012 2 / 2 2 (Bathwaria) P.S. Case No 157 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving 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.