Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22053 of 2012 ====================================================== 1. Umashankar Sah @ Umashankar Prasad @ Umashankar Prasad Sah, S/o Nagina Sah. 2. Sunil Sah @ Sunil Prasad @ Sunil Kumar Sah, S/o Umashankar Sah. Both residents of village-Dhobaha, At present, Narkatiaganj, P.S.- Shikarpur, District-West Champaran. ... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-06-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek anticipatory bail in connection with a case instituted under [STATUTE] . It is stated that apart from [STATUTE] , all other sections are bailable in nature. The present case has been filed in retaliation to Shikarpur P.S. Case No. 21 of 2011 dated 25.01.2012 instituted under [STATUTE] by petitioner no. 1, Umashankar Sah @ Umashankar Prasad @ Umashankar Prasad Sah in which the family members of the informant have been made accused. The date of occurrence of the present case is said to be 20.1.2012 but the F.I.R. has been instituted on 13.2.2012. It is also contended that there is land dispute between the parties and after due inquiry, the land in question has already been mutated in the name of the petitioner no. 1 Umashankar Sah by order dated 7.6.2007 passed by the Anchladhikari, Narkatiaganj. Subsequently, the matter has also been settled between the parties and a compromise petition under the Patna High Court Cr.Misc. No.22053 of 2012 (2) dt.13-06-2012 2 / 2 2 signatures of both the parties and their respective advocates have also been filed in the court below. Be that as it may, taking into consideration the aforesaid facts, let the petitioners above named in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 38 of 2012 subject to the condition as laid down under Section 438(2) Cr. P.C. and also on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through their counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani 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.