The Patna High Court granted regular bail to the petitioner in a case involving offences of outraging modesty and mischief, noting his clean antecedents and the fact of his arrest from his own room.
Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties each.
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.37729 of 2017
Arising Out of PS.Case No. -472 Year- 2017 Thana -KANKARBAGH District- PATNA
====================================================== Ghanshyam Kumar Son of Sri Shyam Sunder Singh, R/o VillageSingarpur, P.S.- Suryagarha, District- Lakhisarai.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 10-08-2017 Heard the learned counsel for the petitioner.
The petitioner seeks regular bail in connection with Kankarbagh P.S. Case No. 472 of 2017, registered for the offence punishable under Sections 354 and 427 of the Indian Penal Code.
As per the prosecution case, while the informant was walking on the road, the petitioner in a drunken condition had tried to outrage her modesty and on protest, he has snatched her mobile and thereafter he was apprehended by the people of her neighbourhood.
The learned counsel for the petitioner submits that the petitioner has been made accused in the present case and one another case i.e. Kankarbagh P.S. Case No. 473 of 2017 for the offences punishable under Section 290 of the Indian Penal Code
Patna High Court Cr.Misc. No.37729 of 2017 (2) dt.10-08-2017
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and Section 37(c) of the Bihar Prohibition and Excise (Amendment) Act, 2016. It has been further submitted that barring the said case, the petitioner has a clean antecedent and, in fact, he was arrested from his own room situated at a lodge, as mentioned in paragraph 10 of the present petition. It has been submitted that no statement of the victim has been recorded under Section 164 Cr. P.C.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna in connection with Kankarbagh P.S. Case No. 472 of 2017.
(Mohit Kumar Shah, J)
BTiwary/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with Kankarbagh P.S. Case No. 472 of 2017.
2 provisions across 1 enactments
Ghanshyam Kumar Son of Sri Shyam Sunder Singh
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
