Case Facts:
Patna High Court Cr.Misc. No.10515 of 2011 (2) dt.03-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10515 of 2011 ====================================================== Arun Malakar .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Sumiran Rai, Adv. For the O.P.No.2 : Mr. Rajesh Kumar, Adv. For the State : Mrs. Renu Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 03-07-2012 Heard learned counsel for the petitioner and the State. In this case, petitioner is challenging the order dated 17th August 2010 by which cognizance has been taken [STATUTE] appears that the accused persons armed with lethal weapons went to the Angan of the complainant where they abused the inmates and resorted to firing and gave threat for dire consequence. It has also been alleged that they have assaulted the complainant and also took away Rs.25,000/-. Counsel for the petitioner submits that this is an out come of family dispute. Both the parties are their own agnates and they can settle the dispute if notice is issued by this Court. Counsel for the complainant submitted that as the petitioner is Advocate, he used to file cases against the complainant. There are cases and Patna High Court Cr.Misc. No.10515 of 2011 (2) dt.03-07-2012 counter cases and the petitioner is in the habit of filing cases against the complainant. From the complaint petition, it cannot be said that the court below has wrongly exercised the power. However, if good sense prevails between both the parties, they can sit together and sort out the difference and take proper steps in cases filed by them. If such an application is filed, the court below will examine the matter and pass the order in accordance with law. With the observations made above, this petition is dismissed. Jay/- (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.