Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18999 of 2012 ====================================================== 1. Rakesh Kumar @ Rakesh Yadav S/O Naresh Yadav Resident of Village- Malisarh, Police Station- Chhabilapur, Distt.- Nalanda. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 12-06-2012 Heard learned counsel for the parties. The petitioner apprehends his arrest in connection with Rajgir Mufasil Chhabilapur P.S. Case No.03 of 2012 registered for offences punishable under [STATUTE] and Section 3(i)(x) of the Schedule Caste/Scheduled Tribe (Prevention of Atrocities) Act, (hereinafter referred to as the ‘SC/ST Act’). Learned counsel for the petitioner submits that except for the charge under Section 324 and the provisions of the S.C/S.T. Act the other offences are bailable. He further with reference to the allegations set out in the F.I.R. submits that the allegation as against the accused persons has been made in a general and omnibus manner and that even in absence of any allegation constituting an offence punishable under the S.C/S.T. Act, yet the petitioner has been charged under the said enactment. Patna High Court Cr.Misc. No.18999 of 2012 (2) dt.12-06-2012 2 / 2 2 Learned counsel with reference to an order dated 05.04.2012 passed in Cr.Misc. No. 11248 of 2012 submits that a bench of this Court while considering the case of three co-accused, has been pleased to grant anticipatory bail to petitioner Nos. 2 and 3 of the said case. The bail of the petitioner No.1 was disposed of as he had been arrested during the pendency of the proceedings. It is thus submitted that the case of the present petitioner is on same and similar footing as that of the petitioner Nos.2 and 3 of the aforesaid case. Regard being had to the submissions of learned counsel and having perused the materials on record, let the petitioner namely, Rakesh Kumar @ Rakesh Yadav in the event of arrest or surrender within four weeks of receipt/production of a copy of this order be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir Mufasil (Chhabilapur) P.S. Case No.03 of 2012 subject to the condition stipulated under Section 438(2) of the Code of Criminal Procedure. 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.