The High Court at Patna granted bail to the petitioner in a Section 354 IPC case, noting that the informant was intoxicated and the allegation of drunkenness by the petitioner was false and undisputed by the prosecution.
Petitioner enlarged on bail by executing a bond of Rs. 10,000/- with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41034 of 2014 Arising Out of PS.Case No. -211 Year- 2014 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== 1. Lutan Manjhi son of Bhuta Manjhi, resident of Village- Dhoubouli, P.S.Gaighat, District- Muzaffarpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh, Advocate. For the Opposite Party/s : Mr. Sanjay Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 05-11-2014 Heard both sides. The petitioner Lutan Manjhi seeks bail in Gaighat P.S. Case No. 211 of 2014 registered for the offences punishable under Section 354 of the Indian Penal Code.
The informant alleged that while she was going to her house from the school, the petitioner touched her in intoxicated condition and on alarm the petitioner was apprehended by the teachers and handed over to police.
Learned counsel for the petitioner submits that the petitioner was in drunken condition. The allegation is false and concocted. The petitioner has remained in jail since 04.07.2014. Learned APP did not dispute the facts.
Having considered the facts and nature of allegation
Patna High Court Cr.Misc. No.41034 of 2014 (2) dt.05-11-2014
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made against the petitioner and the fact that the petitioner has remained in jail for about four months, he, namely, Lutan Manjhi is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Mithilesh Kumar, the learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Gaighat P.S. Case No. 211 of 2014.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case u/s 354 IPC.
Whether the false nature of the drunkenness allegation warrants bail.
1 provisions across 1 enactments
Lutan Manjhi
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
