1. This Letters Patent Appeal has been filed against the decision of 2 July, 2003 on the writ petition C.W.J.C. No. 45 of 1999 : Satyendra Kumar Sharma V/s. The State of Bihar & Ors.

2. Petitioner Satyendra Kumar Sharma was a constable with the General Railway Protection Force. He was posted for night duty at Laukaha Railway Station, district the then Darbhanga. He was posted for such duty on the night of 15/16 September, 1997 also.

3. An incident occurred at about 1 Oclock in the night of 15/16 September, 1997. The incident became a charge against Satyendra Kumar Sharma. They were five charges, one under the Railway Act, 1989 and the other four under the Indian Penal Code. These are :

"Railways Act. 1989 Section 145 : Drunkenness or nuisance by any person in any railway carriage or upon any part of railway.

Indian Penal Code Section 354 : Assault or use of Criminal force to a woman with intent to outrage her modesty.

Section 341 : Wrongfully restraining any person.

Section 323 : Voluntarily causing hurt.

Section 325 : Voluntarily causing grievous hurt."

4. The petitioner Satyendra Kumar Sharma faced two actions, one in pursuance of the First Information Report which ultima