The High Court granted the petitioner anticipatory bail under Section 438(2) Cr.P.C. in an FIR concerning alleged outrage of modesty and assault, subject to a cash bail bond and two sureties.
Release on bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount to be presented within four weeks.
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.10351 of 2017
Arising Out of PS.Case No. -189 Year- 2014 Thana -NARDIGANJ District- NAWADA
====================================================== Mukesh Rajbanshi S/o Bindu Rajbanshi, resident of village/mohalla - Pesh Beldariya, P.S.- Nardiganja, District - Nawada.
.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
5 11-08-2017
The petitioner apprehends his arrest in connection with Nardiganj P.S. Case no. 189 of 2014, registered under Sections 341, 323, 325, 307 and 354(B) of the Indian Penal Code.
The allegation of informant Muni Khatoon is that on 31.12.2014 she cut leafs of mustered and directed her daughter Sabnam Khatoon to carry the said leafs to her house. In the way, this petitioner tried to outrage her modesty by pressing her breast. Thereafter, she was informed by her daughter regarding the occurrence then informant went to the petitioner then petitioner also outraged her modesty by pressing of her breast and also assaulted her. On hulla, villagers reached there and she was rushed to the hospital with the help of Munchun Choudhary.
Learned counsel for the petitioner submits that, in fact,
Patna High Court Cr.Misc. No.10351 of 2017 (5) dt.11-08-2017
2/2
father of the petitioner was Mukhiya of the village and due to dirty village politics the present case has been lodged. Further submission is that, in fact, the informant is habitual to lodge the case against the villagers only to extort money from them, as such, she filed Nadriganj P.S. Case No. 65 of 2014, under Sections 341, 323, 324, 307, 504, 506, 379, 354 (D)/34 of I.P.C. against Sanjay Choudhary and others, Complaint/Nardiganj P.S. Case No. 19 of 2014 was also instituted under Sections 323, 354, 376 and 511 of I.P.C. against Nawlej Ravidas. Further submission is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM-VI, Nawada in connection with Nardiganj P.S. Case No. 189 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
manish/-
U T
2 issues framed by the court
Whether petitioner is entitled to be released on anticipatory bail given the allegations of modesty and assault.
Whether the allegations of false implication due to village politics warrant granting bail.
2 provisions across 2 enactments
Mukesh Rajbanshi
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
