Allowed¶20

Munmun Verma @ Kishan @ Munmun Kumar Verma v. the State of Bihar

Patna HC20 Nov 2024CR. APP (SJ)/2210/2023

Case brief

AI extract

What is this about?

Anticipatory bail granted; Patna High Court sets aside refusal by 1st Addl. Sessions Judge, Madhubani in A.B.P. No. 908 of 2021; Khutauna P.S. Case No. 72/2019; Sections 341, 323, 376, 34 IPC; Section 3(1)(w) SC/ST Act; eight-day delay in F.I.R.; caste name allegedly not taken in full public view on Sunday 7:00 A.M.; Section 438(2) Cr.P.C.; bail bond Rs. 10,000/- with two sureties; single bench of Anil Kumar Sinha, J.; decision dated 20-11-2024.

What did the court decide?

Anticipatory bail granted: appellant to be released on bail in the event of arrest or surrender before the court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. ¶20

Munmun Verma @ Kishan @ Munmun Kumar Verma Vs the State of… — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant, apprehending arrest in Khutauna P.S. Case No. 72/2019, is entitled to anticipatory bail despite the order dated 15.09.2021 passed in A.B.P. No. 908 of 2021 by the 1st Addl. Sessions Judge, Madhubani.

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Court's answer

The order dated 15.09.2021 passed in A.B.P. No. 908 of 2021 arising out of Khutauna P.S. Case No. 72 of 2019 by the 1st Additional Sessions Judge, Madhubani is set aside.

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Ratio / Principle

Considering the nature of allegation, the fact that the F.I.R. was lodged after a delay of eight days, and that the caste name was not taken in full public view on Sunday morning at 7:00 A.M. in the school premises, the court granted anticipatory bail to the appellant.

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Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Anil Kumar Sinha, J.) allowed Criminal Appeal (SJ) No. 2210 of 2023 and granted anticipatory bail to Munmun Verma @ Kishan @ Munmun Kumar Verma, who apprehended arrest in Khutauna P.S. Case No. 72/2019 registered under Sections 341, 323, 376, 34 IPC and Section 3(1)(w) SC/ST Act. The informant, employed as a cook at St. Teresa English School, alleged that on 07.07.2019 the appellant and co-accused abused and assaulted her, outraged her modesty, and abused her husband by his caste name, besides alleging sexual harassment during her tenure. Setting aside the order dated 15.09.2021 in A.B.P. No. 908 of 2021 of the 1st Additional Sessions Judge, Madhubani, the Court took into account the eight-day delay in lodging the F.I.R. and observed that the caste name was not taken in full public view at 7:00 A.M. on a Sunday in the school premises. Release ordered within four weeks on a bond of Rs. 10,000/- with two sureties of the like amount, subject to Section 438(2) Cr.P.C. conditions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2210 of 2023 In

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CRIMINAL MISCELLANEOUS No.8946 of 2023

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Arising Out of PS. Case No.-72 Year-2019 Thana- KHUTAUNA District- Madhubani

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

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MUNMUN VERMA @ KISHAN @ MUNMUN KUMAR VERMA SON OF KASHI NATH VERMA R/O-KHARHATANR, P.S.-SIMRI, DISTT.-BUXAR

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... ... Appellant/s

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Versus

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THE STATE OF BIHAR BIHAR

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Mrityunjay Kumar For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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6 20-11-2024 1. Heard the parties.

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The appellants apprehend their arrest in connection with Khutauna P.S. Case No. 72 / 2019 registered for the offence under Section 341, 323, 376, 34 of the IPC and Section 3 (1)(w) of the SC/ST Act and being aggrieved by the order dated 15.09.2021 passed by learned 1^st Addl. Sessions Judge , Madhubani in A.B.P. No. 908 of 2021 has preferred this appeal for grant of anticipatory bail.

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As per the first information report the informant was working as a cook in a residential school in the name and style St. Teresa English School. During her tenure as cook, it has been alleged that the appellant and other accused person tried to sexually harass the informant due to which the informant left

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Patna High Court CR. APP (SJ) No.2210 of 2023(6) dt.20-11-2024 2/4

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her job. On 06.07.2019 the appellant and other accused person allured the husband of the informant to send her for the purpose of working as a cook and when the informant along with her husband went to school premises on 07.07.2019 at about 7.00 in the morning to convey that she was not interested in working in the school, then the appellant along with other accused person started abusing and assaulting the informant and they also outraged the modesty of the informant and when her husband protested, he too was abused by his caste name.

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Learned counsel for the appellant submits that the appellant was working as a teacher in the school in question. The school management was not paying salary for Sunday to the informant due to which the informant was not willing to work in the school. The informant was demanding some arrears from the school management and due to that dispute the appellant and other accused person, who was also a teacher have been made accused in order to put pressure upon the management of the school. The allegation of calling the caste name of the informant’s husband in the school premises on Sunday in the morning at 7:00 O’ Clock cannot be said to be in full public view because at 7:00 O’ Clock on Sunday morning no body is supposed to be there in the school premises.

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Patna High Court CR. APP (SJ) No.2210 of 2023(6) dt.20-11-2024 3/4

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On the other hand, learned counsel for the informant vehemently opposed prayer for anticipatory bail and submits that allegation against the appellant and other accused person is specific in nature. The appellant has sexually harassed the informant taking advantage of his position and also abused her husband by his caste name in public place i.e. school.

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Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that F.I.R has been lodged after a delay of eight days and caste name was not taken in full public view on Sunday morning at 7:00 A.M. in the school premises, I am inclined to grant anticipatory bail to the appellant.

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Accordingly, the order dated 15.09.2021 passed in A.B.P. No. 908 of 2021 arising out of Khutauna P.S. Case No. 72 of 2019 passed by 1^st Additional Sessions Judge, Madhubani is hereby set aside.

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Let the appellant, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1^st Addl. Sessions Judge, Madhubani in connection with Khutauna P.S. Case

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Patna High Court CR. APP (SJ) No.2210 of 2023(6) dt.20-11-2024 4/4

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No. 72 of 2019 subject to the condition as laid down under Sec-

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tion 438 (2) of the Cr.P.C.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Munmun Verma @ Kishan @ Munmun Kumar Verma v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Munmun Verma @ Kishan @ Munmun Kumar Verma v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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