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Patna High Court

Bablu Patel @ Shailendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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