Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14488 of 2010 ====================================================== Jageshwar Mandal son of late Nasib Lal Mandal, resident of Village- Ramnagar Tola Istambrar, Police Station-Palasi, District-Araria. .... .... Petitioner Versus 1. The State Of Bihar. 2. Bindo Devi wife of Panna Lal Mandal, resident of Village-Ram Nagar (Istambrar), Police Station-Palasi, District-Araria. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 3 17-07-2012 Heard learned counsel for the petitioner as well as learned Additional P.P. for the State. 2. Petitioner has challenged the order dated 17.02.2000 passed by Sri A. Kumar, Judicial Magistrate, 1st Class, Araria, whereby and whereunder the learned lower court had taken cognizance for an offence punishable under [STATUTE] and further summoned the petitioner along with two others. 3. Because of the fact that the point involved in this petition coupled with prayer did not attract the facts of the case to be detailed, hence the same is waived. 4. Contention is that petitioner is not named in the written report. During course of investigation none named him. From the charge-sheet, column no. 4, it is evident that petitioner along with others was forwarded for prosecution, was shown on Patna High Court Cr.Misc. No.14488 of 2010 (3) dt.17-07-2012 2/2 bail granted by the Court which has been controverted stating that petitioner never appeared before the learned lower court as an accused and prayed for bail. Further submitted that petitioner happens to be four brothers out of whom three are F.I.R. named accused except petitioner. Further submitted that the approach of the learned lower court in the aforesaid background happens to be machanical one. 5. Taking into account the submission raised on behalf of petitioner, after setting aside the order dated 17.02.2000 passed by Sri A. Kumar, Judicial Magistrate, 1st Class, Araria in connection with Palasi P.S. Case No. 22 of 1999 the matter is remitted back to the learned lower court to peruse the case diary as well as the record and will come to a definite conclusion whether there happens to be sufficient material for summoning the petitioner. 6. Thus, petition is allowed. Safik/- (Aditya Kumar Trivedi, 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.