IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33982 of 2020

Arising Out of PS. Case No.-13 Year-2020 Thana- MAHILA P.S. District- Nalanda

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Deepak Kumar, aged about 30 years (male), son of Baburam Yadav, resident

of village- Dullabigha, Police Station- Sare, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Anil Kumar Singh, Advocate

For the State

:

Mr. Tapeshwar Sharma, APP

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL JUDGMENT

Date : 09-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Anil Kumar Singh, learned counsel for

the petitioner and Mr. Tapeshwar Sharma, learned Additional

Public Prosecutor (hereinafter referred to as the ‘APP’) for the

State.

3. The petitioner apprehends arrest in connection with

Mahila PS Case No. 13 of 2020 dated 29.01.2020, instituted

under Sections 354-A, 354-B/34 of the Indian Penal Code and

8/12 of the Protection of Children from Sexual Offences Act,

2012.

4. The allegation against the petitioner and three

others is that they had caught the hand of the daughter of the

informant and tried to outrage the modesty due to which her

clothes were torn and on alarm raised, they had run away when

other villagers had come to the spot.

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5. Learned counsel for the petitioner submitted that

both the parties are neighbours and there is dispute between

them and the present FIR has been lodged as a counter blast to

the case lodged by the father of co-accused Sani Kumar on

18.01.2020 against the informant’s husband, being Sare PS Case

No. 13 of 2020, for an incident which occurred on the same day

under Sections 342, 354-A, 354-B, 506/34 of the Indian Penal

Code and the present case has been lodged to create a defence.

It was submitted that in the present case, though the date of

incident is said to be 18.01.2020, but it has been instituted only

on 29.01.2020. It was submitted that even from the plain

reading of the FIR, it is clear that the allegation is only of

attempt to outrage the modesty and tearing of clothes is by way

of super addition. Learned counsel submitted that even

otherwise, it is unbelievable that a neighbour would commit

such crime. Learned counsel submitted that the petitioner has no

criminal antecedent.

6. Learned APP submitted that allegation against the

petitioner is of outraging the modesty. However, it was not

denied that the allegation is only that he, along with three

others, had caught hold of the hand and tried to outrage the

modesty in which clothes of the daughter of the informant were

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torn.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned Additional Sessions Judge-VI, Nalanda at

Biharsharif, in Mahila PS Case No. 13 of 2020, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall cooperate with the

Court/police/prosecution. Any violation of the terms and

conditions of the bonds or non-cooperation shall lead to

cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned ter