Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32814 of 2009 Sanjay Kumar Barnwal Versus The State Of Bihar & Anr For the petitioner : Mr. Arun Kumar For the State : Mr. Dashrath Mehta 02 27.01.2012 Heard learned counsel for the petitioner and the State. This application, under Section 482 Cr.P.C, is to quash the order dated 5.2.2009 passed in Cr. Rev. No. 16/2008 by the court of 1st Additional Sessions Judge, Jamui allowing the aforesaid criminal revision preferred by the complainant opposite party no. 2 Kaushalya Devi by setting aside the order dated 14.02.08 passed in Complaint Case No.1449/2007 summoning the accused petitioners finding prima facie case under [STATUTE] ,with observation offence that under Section 376 is also made out. In the impugned order the learned Additional Sessions Judge has discussed the complaint petition. Statements of witnesses and arrived at finding that prima facie case under Section 386 is also made out. Accordingly 2 allowed the Criminal Revision by setting aside the summoning order dated 14.02.08 under [STATUTE] with a direction to proceed with the case in accordance with law. I find no illegality in the impugned order to show the abuse of process of court. This application stands dismissed. As far as the defence as raised on behalf of the petitioner is concerned he may raise all the defence at the appropriate stage in trial court. Namita ( Rajendra Kumar Mishra, 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.