Case Facts:
Patna High Court Cr.Misc. No.20500 of 2012 (2) dt.06-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20500 of 2012 ====================================================== Ram Ekbal Ray, S/O Late Lakshmi Ray, Resident Of Village- Karuna, P.S.- Harlakhi, District- Madhubani .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 2 06-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under [STATUTE] . Learned counsel for the petitioner submits that admittedly there was enmity between the parties and the occurrence took place on the darwaza of the petitioner and hence the side of the informant was clearly aggressor. Learned counsel for the petitioner further submits that there is a case and counter case and the persons on the side of the petitioner have got more grievous injuries as is apparent from the injury reports (Annexures- 5 and 6) of the other case in which the brother of the petitioner was the informant and the informant of the instant case along with others were accused persons. Learned counsel for the petitioner Patna High Court Cr.Misc. No.20500 of 2012 (2) dt.06-06-2012 also avers that the informant was examined twice firstly at Madhubani Hospital where the injury was found 2`` x ½ `` x ½ `` but it was called grievous and subsequently when he was examined at Darbhanga Medical College, it was found only 1`` on the forehead and even the x-ray was not produced before the doctor. Learned counsel for the petitioner further submits that from the injury report of persons on the side of the petitioner, it is quite apparent that deeper and longer injuries were found to be simple in nature by the doctors themselves. Learned counsel for the petitioner further avers that the informant and others were clear aggressors and the petitioner was innocent but has been falsely implicated. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Harlakhi P.S. Case No. 110 of 2011. Md. Ibrarul/- (S.N. Hussain, 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.