Patna High Court
Bablu Patel @ Shailendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to bond and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Bablu Patel, applied for anticipatory bail in a case where a nurse alleged that he caught her, attempted to outrage her modesty and tore her clothes, constituting offences under Sections 354(b) and 323 of the IPC. The petitioner claimed he had been granted the privilege of Section 41(1) Cr.P.C. during investigation and asserted that the complaint was false and filed after a ten‑day delay. The State opposed the bail, arguing the seriousness of the offences. The Court examined the facts, the privilege claim, and the nature of the offences, and decided to grant anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order directs the petitioner to surrender within six weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under Sections 354(b) and 323 IPC.
- Whether the petitioner is entitled to the protection of Section 41(1) Cr.P.C. during investigation.
- Whether bail may be conditioned under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 41(1)
- Indian Penal Code — s. 323, 354(b)
Subjects
- anticipatory bail
- IPC 354(b)
- IPC 323
- Section 41 CrPC
- Section 482 Bhartiya Nagrik Suraksha Sanhita
- sexual assault
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23562 of 2026
Arising Out of PS. Case No.-188 Year-2023 Thana- KARPI District- Jehanabad
======================================================
Bablu Patel @ Shailendra Kumar S/o- Mahendra Singh Resident of Village-
Rohai PS- Karpi District- Arwal
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Mistry
For the Opposite Party/s : Mrs. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Karpi P.S. Case No. 188 of 2023 for the offence punishable
under Sections 354(b) and 323 of the Indian Penal Code.
3. As per allegation, the informant, who was
discharging her duties as Nurse at PHC Karpi, while she was
coming to her house, in the way, this petitioner suddenly caught
hold her and tried to outrage her modesty in course of which her
clothes were torn.
4. Learned counsel for the petitioner has submitted
that during the course of investigation, the petitioner was
extended the benefit of Section 41(1) Cr.P.C. and has never
misused the privilege so extended to him and after submission
of charge-sheet and order taking cognizance, he apprehends his
Patna High Court CR. MISC. No.23562 of 2026(2) dt.22-04-2026
2/2
arrest. It has also been submitted that initially a complaint was
filed after a delay of ten days. The petitioner is agnate of the
informant and he has falsely been implicated in this case as he
used to oppose the informant in connection with discharge of
her duties.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
Considering the facts and circumstances, let the petitioner above
named, in the event of his arrest/surrender within six weeks
from today in the Court below, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned S.D.J.M.,
Arwal, in connection with Karpi P.S. Case No. 188 of 2023,
subject to the conditions as laid down under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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