Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16395 of 2011 ====================================================== Rajendra Prasad Choudhary And Ors. .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Bhagat, Adv. For the Opposite Party/s : Mr. Manoj Kumar No.1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 24-08-2012 Heard learned counsel for the petitioners and the State. In this case, the petitioners are challenging the order of cognizance dated 23rd February 2011 by which the court below has taken cognizance under [STATUTE] . This case is arising from the Complaint Case No. 3590 © of 2009 where allegation has been made that on 2nd December 2009 while the complainant was returning after the Nukkar Natak, he took dinner with artists at President Hotel, Araria and when the complainant was returning home at 9:30 P.M., near Kshir Sagar Hotel, three motor-cycles loaded with six persons intercepted the complainant, abused and assaulted the complainant with slaps and fists and after closing his mouth, took him to the house of Harendra Roy where he was assaulted with Lathi and Danda, some times the complainant became Patna High Court Cr.Misc. No.16395 of 2011 (2) dt.24-08-2012 2 / 2 2 unconscious due to assault and when ever he used to regain consciousness, again the accused persons assaulted him and kept the informant for the whole night in a bamboo orchard and in the morning when people of the locality gathered, they saved him and thereafter he returned home. Counsel for the petitioners submits that it is a counter blast to the earlier case filed by the petitioners where allegation has been made that the O.P.No.2 had taken away daughter of petitioner no.1, namely, Nitu Kumari and married with her on 30th November 2009 at Arya Samaj, Bankiopur, Patna. Counsel for the petitioners submits that the present case has been filed to save his skin as the case that has been filed against him [STATUTE] ged after 15 days from the date of alleged occurrence and submitted that there is no explanation for cause of delay. The court has found prima facie case against the petitioners At this stage the court is not required to see the defence/delay which will be seen during the trial. This Court does not find any merit in this petition. It is accordingly, dismissed but with liberty to take appropriate steps during the trial. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 342

Statute Text:
Section 342 of the Indian Penal Code. Wrongfully confining any person. Whoever wrongfully confines any person shall be punished with simple imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.