Case Facts:
Patna High Court Cr.Misc. No.10320 of 2012 (3) dt.26-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10320 of 2012 ====================================================== 1. Gela @ Awadhesh Rai S/O Sri Raj Bali Rai .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 20-06-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 05.08.2011 in a case registered under [STATUTE] . It is stated that petitioner and other first information report named accused took the victim to the house of co-accused, Goldi Devi and committed gang rape on her but admittedly, prior to the alleged occurrence the victim was working as made servant in the house of above stated co-accused, Goldi Devi and prior to the alleged occurrence the aforesaid Goldi Devi made allegation of theft against the victim and thereafter, she left her home and went to Dumraon Railway Station where she was waiting for a train but in the meantime, petitioner and other accused came there and forcibly took her to the house of above stated co-accused Goldi Patna High Court Cr.Misc. No.10320 of 2012 (3) dt.26-06-2012 Devi. The contention on behalf of the petitioner is that the alleged occurrence is said to have taken place on 22.07.2011 whereas Ferdbeyan of the informant was recorded on 25.07.2011 whereas she had already been released on 23.07.2011 and there is no explanation of the aforesaid delay. It is also contended by him that the medical report of the victim does not support the factum of rape. It is further contended by him that as a matter of fact, the victim committed theft in the house of the co-accused, Goldi Devi and after that she was interrogated by the co-accused and in course of the aforesaid interrogation, some atrocities took place with her which caused annoyance to the victim and her family members and after that they in connivance with the local police lodged this false case against the petitioner and other accused. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dumraon (Naya Bhojpur O.P.) P.S. Case No. 190 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.