Single judge enlarged petitioners on anticipatory bail alleging false IPC complaints of assault and eve-teasing, considering prior reciprocal FIR.
Enlarged to bail for four weeks on furnishing bond of ₹10,000 each with two equally situated sureties to the satisfaction of S.D.J.M., Bettiah.
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.75721 of 2018
Arising Out of PS. Case No.-46 Year-2018 Thana- MAINATAND District- West Champaran
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All are resident of Village- Purbi-Pakhuba, P.S. Mainatand, District-West Champaran, Bettiah.
... ... Petitioners
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra For the Opposite Party/s : Mr. Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 21-12-2018 Heard both sides.
Petitioners apprehend their arrest in Mainatand P.S. Case No.46 of 2018, registered under Sections 341, 323, 504, 509, 354, 379 and 308 of the Indian Penal Code.
The informant alleged that while she was waiting for bus, the petitioners and others made lewd comments on her and also assaulted her and Sangeeta Devi, her sister, who came to rescue her.
Learned counsel for the petitioners submits that the entire allegation is false and concocted. Prior to institution of the present case, Habibullah Ansari, petitioner no.4 lodged
Patna High Court Cr.Misc. No.75721 of 2018(2) dt.21-12-2018 2/2
Mainatand P.S. Case No.39 of 2018 making allegation against the informant and others that they eve-teased the girls of the coaching of Habibullah Ansari and in order to save her own skin, the informant filed false and concocted case.
Having considered the facts that prior to institution of the present case, the petitioner no.4 lodged Mainatand P.S. Case No.39 of 2018 against the informant of the present case and others, let 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 of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bettiah, West Champaran in connection with Mainatand P.S. Case No.46 of 2018, subject to the conditions laid down under Section 438(2) Cr. P.C.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether petitioners liable to anticipate bail in Mainatand P.S. Case No.46 of 2018 alleging assaults and lewd comments.
1 provisions across 1 enactments
Saiful Ansari and others
State Of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
