Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21792 of 2012 ====================================================== Onkar Nath Jha @ Omkar Nath Jha, S/O Krishna Chandra Jha, R/O Village - Kaithwar, Police Station - Sakartpur, District – Darbhanga. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance: For the petitioner : Mr. Suraj Nr. Yadav, Adv. For the State : Dr. Indiwar Kumari, A.P.P. ========================================================= CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-06-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with a case instituted for the offence punishable under [STATUTE] . It is stated that there is a case, counter case and title suit pending between the parties. The allegation against the petitioner is that he assaulted on the finger of the informant which would hardly make out a case under [STATUTE] . It is also contended that in the alleged occurrence the petitioner was also assaulted and he underwent treatment at D.M.C.H., Darbhanga. The informant is a close agnate of the petitioner and title suit No. 212 of 2011 is Sub-judice between the parties. Be that as it may, considering the nature of allegation, facts and circumstances of the case, let the petitioner above named in the event of his Patna High Court Cr.Misc. No.21792 of 2012 (2) dt.12-06-2012 2 / 2 2 arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Sakatpur P.S. Case No. 25 of 2012 subject to the condition as laid down under Section 438(2) Cr. P.C. as also 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 they are 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 shall 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 modification/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.