Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18091 of 2012 ====================================================== Rajnish Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 15-05-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . and Section 3(1)(X) of the S.C. & S.T.(Prevention of Atrocities) Act. Accusation is of making assault and abusing by calling caste name. It is submitted by learned counsel for the petitioner that accusations under the penal code are bailable, whereas accusation under S.C. & S.T. Act is not applicable in the present case in view of the fact that accusation can not be treated to be in public view and one Rahul Kumar with whom there is a business and political rivalry with petitioner’s family used to set up different people to lodge different cases against the petitioner’s family and earlier also two cases were lodged as brought on annexure- 2 and 3 at the behest of Rahul Kumar Patna High Court Cr.Misc. No.18091 of 2012 (2) dt.15-05-2012 2 / 2 2 against the petitioner and the present informant is admittedly the labouror of Rahul Kumar who lodged this case. It is further submitted that for the accusation of 18.02.2012 the F.I.R. was lodged on 20.02.2012. Delayed lodging of the F.I.R. clouds the bona fide of the accusation. Considering the aforesaid facts, let the petitioner namely Rajnish Kumar, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with SC/S.T.(Begusarai) P.S. Case No. 17 of 2012, G.R. No. 502 of 2012. Shageer/- (Dinesh Kumar Singh, 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.