A differentiable judgment granting anticipatory bail to the petitioner in a case involving attempt to outrage modesty. The High Court released the petitioner on bail bond with conditions under Section 438(2) Cr.P.C.
Release of the petitioner on bail bond of Rs. 10,000 with two sureties subject to conditions under Section 438(2) Cr.P.C.
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.81833 of 2019
Arising Out of PS. Case No.-655 Year-2019 Thana- LAKHISARAI District- Lakhisarai
======================================================
Ramnibas Kumar @ Bittu Kumar, Son of Shyam Sundar Singh Resident of Village and P.O. - Nadiawan, P.S.- Lakhisarai (Ramgarh Chowk), DistrictLakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anita Kumari For the Opposite Party/s : Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
3 22-06-2020
Heard learned counsel for the petitioner and the
learned A.P.P. for the State through video conferencing.
The petitioner apprehends his arrest in connection with Lakhisarai (Ramgarh Chowk) P.S. Case no. 655 of 2019, registered under Sections 341, 323, 354(B) of the Indian Penal Code.
The accusation is that on 25.08.2019, daughter of informant, aged about 19 years, had gone to the house of petitioner Bittu Kumar to bring stitched clothes, when daughter of informant asked to the petitioner regarding his mother then petitioner told lie to her that his mother is in the house. When daughter of informant entered in the house then petitioner caught hold her from behind and tried to outrage her modesty, but, anyhow, daughter of informant succeeded to flee away.
Patna High Court CR. MISC. No.81833 of 2019(3) dt.22-06-2020 2/2
Learned counsel for the petitioner submits that, in fact, petitioner and informant are co-villager and due to petty dispute, the informant lodged the present case with false allegation. The 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 learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 655 of 2019, 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 to grant anticipatory bail to the petitioner in connection with P. S. Case No. 655 of 2019 involving alleged attempt to outrage modesty.
Whether the petitioner can be released on bail pending investigation or before arrest.
2 provisions across 2 enactments
Ramnibas Kumar @ Bittu Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
