Allowed

Awadhesh Mukhiya v. The State of Bihar

Patna HC6 Sept 2023CR. MISC./46668/2023

Case brief

AI extract

What is this about?

In a bail application regarding offences of outraging modesty and grievous hurt, the High Court relied on the petitioner's fair antecedents and the delay in lodging the complaint to grant interim bail subject to conditions and a bond.

What did the court decide?

Petitioner released on bail on furnishing Rs. 10,000 bond with two sureties of like amount, subject to Section 438(2) CrPC conditions.

Awadhesh Mukhiya Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46668 of 2023

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Arising Out of PS. Case No.-226 Year-2021 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran

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======================================================

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Awadhesh Mukhiya Son of Shiv Mukhiya, R/o Village Jaralpur Khutwaniya, PS- Jogapatti, District- West Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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Pramila Devi, W/o Harendra Mukhiya, R/o Jaralpur, Khutwaliya, P.S. Jogapatti, District-West Champaran.

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar Mishra, Adv. For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 06-09-2023

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Heard Mr. Anant Kumar Mishra, learned counsel for

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the petitioner and learned APP for the State.

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The petitioner apprehends his arrest in connection

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with Bettiah Complaint Case No. 226 of 2021, in which cognizance has been taken for the offences punishable under Sections 341, 323, 354, 456 and 504 of the Indian Penal Code.

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Allegedly in the night of 24.01.2021, while the complainant along with her family members were sleeping, in the meantime, the petitioner entered into her thatched house and tried to outrage her modesty. When she raised hulla, the daughter-in-law of the complainant came to her rescue, thereupon the petitioner pushed her away and succeeded in

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Patna High Court CR. MISC. No.46668 of 2023(2) dt.06-09-2023 2/3

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fleeing away.

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Learned counsel for the petitioner submits that from the complaint case, it appears that the occurrence took place on 24.01.2021, but the present complaint has been filed on 05.02.2021, after a delay of twelve days and no plausible reason has been given for the said delay. He further submits that both the petitioner and the complainant are co-villager and, only on account of a dispute with regard to the sewage water, heated exchange of words took place, resulting into lodging of this complaint case. He next submits that if such alleged incidence had truly been taken place, the complainant should have rushed immediately to the local police station to lodge FIR. He also submits that the occurrence took place in a house situated in a busy area but there is no independent witness and moreover the petitioner is a man of fair antecedent.

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On the other hand, learned counsel for the State opposes the bail application and submits that specific allegation of outraging the modesty has been levelled against the petitioner and as the FIR could not be instituted by the local police, the delay of twelve days in lodging the complaint occurred.

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Regard being had to the submissions made on behalf of the parties and considering the delay in lodging the

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Patna High Court CR. MISC. No.46668 of 2023(2) dt.06-09-2023 3/3

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complaint coupled with the fair antecedent of the petitioner, 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 learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Complaint Case No. 226 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner.

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(Harish Kumar, J)

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rohit/-

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U T

Awadhesh Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Awadhesh Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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