Nagdeo Kumar Singh @ Nagdeo Kushwaha v. The State of Bihar
Case brief
What is this about?
Anticipatory bail; BNS 2023 sections 329(4), 76, 109, 115(2), 3(5); alleged sexual assault (zabardasti) of informant-tenant; absence of medical examination/report in case diary; no criminal antecedent; petitioner handicapped (polio); Section 438(2) CrPC conditions; fortnightly police-station reporting for six months; Town P.S. Case No. 524 of 2024, District Vaishali; informant Arti Kumari; petitioner Nagdeo Kumar Singh @ Nagdeo Kushwaha; counsel Subodh Kumar (petitioner), Ramchandra Sahni APP (State); Rajiv Roy, J; Patna High Court CR. MISC. No.22212 of 2025, order dated 23-07-2025.
What did the court decide?
Anticipatory bail granted: petitioner to be released on arrest or surrender within four weeks, on furnishing bail of Rs. 10,000/- with two sureties of the like amount each before the learned Chief Judicial Magistrate, Vaishali (Hajipur), in connection with Town P.S. Case No. 524 of 2024, subject to Section 438(2) Cr.P.C. conditions and five additional conditions: (i) one bailor to be a family member/relative providing official bona fide document; (ii) appearance before the Trial court on each and every date, failure on two consecutive dates without plausible reason entailing cancellation of bail bond; (iii) fortnightly appearance at the concerned police station for six months to mark attendance; (iv) no inducement, promise or threat to witnesses or tampering with evidence; (v) desistance from committing any criminal offence again.