Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33595 of 2012 ====================================================== Vijay Mishra @ Vijay Kumar Mishra, Son of Anil Mishra. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s Appearance : For the Petitioner : Mr. Ashok Kumar Mishra, Advocate For the Complainant-Informant : Mr. Sudhansu Kumar Lal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 05-10-2012 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] and Section 3/4 of the Dowry Prohibition Act, is one of the named accused in this case instituted on basis of Complaint Case No. 344 of 2010 being husband of complainant-informant with allegation of certain demands, torture etc. Submission is of false implication and under compelling circumstances petitioner had to prefer Matrimonial Case No. 46 of 2010 before Principal Judge, Family Court, Samastipur seeking dissolution of marriage and only after service of summon present complainant case was lodged with ulterior motive. On the other hand while objecting the prayer, learned counsel representing the complainant-informant appearing suo-motu intending to file counter affidavit submits that the petitioner has performed second marriage with one Arti Devi, D/o Sri Ram Balak Jha, resident of village Ahiyapur, Mansoor Chak, Begusarai, which is seriously and strongly denied by learned counsel representing the petitioner. Patna High Court Cr.Misc. No.33595 of 2012 (2) dt.05-10-2012 2 Having regard to the facts and circumstances discussed above, subject to filing of duly verified petition supported with personal affidavit denying alleged second marriage by the petitioner as stated above, he (Vijay Mishra @ Vijay Kumar Mishra) is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, District - Samastipur in connection with Bibhutipur P.S. Case No. 102 of 2010, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.