Case Facts:
Patna High Court Cr.Misc. No.20321 of 2012 (2) dt.23-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20321 of 2012 ====================================================== Devendra Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 23-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is apprehending his arrest in Complaint Case No. 69 of 2007 for offences under [STATUTE] and 3(i) (x) of SC/ST Act. According to the complaint petition, the prosecutrix was sleeping alone in her house and on a call she opened the door thinking that her husband has arrived. The accused persons forcibly entered into her house and thereafter committed rape on her. The counsel for the petitioner submits that the Magistrate at the initial stage did not take the cognizance under [STATUTE] but the case was remanded back and the court below has taken cognizance for offences under Patna High Court Cr.Misc. No.20321 of 2012 (2) dt.23-05-2012 [STATUTE] . The counsel for the petitioner submits that the complaint case has been filed because prosecutrix side wanted to grab the land of the petitioner for the purpose of road. When the petitioner has refused to oblige them which is apparent from Annexure-4 and a report has been submitted to the Superintendent of Police, Samastipur shows that the prosecution side intending to have a path way through land of the petitioner. Counsel for the petitioner submits that the civil dispute led to filing of this case. In view of the facts and circumstances, in the event of arrest or surrender within 4 weeks from to-day in the court below the petitioner, Devendra Rai be released on anticipatory bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Dalsingsarai in Complaint Case No. 69 of 2007 subject to the conditions as laid down [STATUTE] (2) Cr. P.C. Mahesh/- (Shivaji Pandey, 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.