The Patna High Court granted absolute bail to the petitioner in a complaint case alleging offences under Sections 323 and 354 IPC. The court relied on the existence of a clean antecedent and the nature of the allegations.
The petitioner was granted absolute bail and the petition stands disposed of.
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.59124 of 2019
Arising Out of PS. Case No.-561 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran
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PRABHU RAM S/o Late Shivnarayan Ram R/o Village- Nayagawn Rampur, P.S.- Laukariya, District- West Champaran
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Milind Kumar Mishra For the Opposite Party/s : Mr. Vijay Kumar Singh No. I
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
5 12-12-2019 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Trial No. 3653 of 2019 arising out of Complaint Case No. C561 of 2018 for the offence registered under Sections 323 and 354 of the Indian Penal Code.
The allegation is regarding the the petitioner herein having caught the informant while he had gone for natural call and having tried to outrage her modesty. However, upon alarm co-villagers had come and the petitioner had fled away. It is further alleged that the accused persons including the petitioner herein had subsequently arrived at the house of the informant
Patna High Court CR. MISC. No.59124 of 2019(5) dt.12-12-2019 2/2
and engaged in assaulting the prosecution party.
The learned counsel for the petitioner has submitted
that the present complaint in question has been filed in retaliation to the earlier FIR lodged by the wife of the petitioner i.e. SC/ST Bagaha P.S. Case No. 08 of 2018 dated 05.06.2018. It is further submitted that it would be apparent from a bare reading of the FIR and the complaint petition that the allegations levelled in the complaint are more or less on similar lines. Lastly, it is submitted that the petitioner is having clean antecedent.
The learned counsel for the opposite party no. 2 has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, I deem it fit and proper to make the order dated 18.09.2019, by which the petitioner was granted provisional anticipatory bail, absolute.
The petition stands disposed off.
(Mohit Kumar Shah, J)
S.Sb/-
U
2 issues framed by the court
Whether the petitioner is entitled to be granted bail in the complaint case for offences under Sections 323 and 354 IPC.
Whether the plea of retaliation and clean antecedents warrants grant of bail.
1 provisions across 1 enactments
Prabhu Ram S/o Late Shivnarayan Ram
The State of Bihar
Shismati Devi W/o Sanjay Yadav
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
