Patna High Court
Arun Mallick @ Arun Kumar MallickversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were insufficiently specific and therefore granted bail to the petitioners.
Summary
The petitioners, five members of the Mallick family, were named in an FIR for alleged assault, criminal intimidation and outraging modesty under Sections 323, 504 and 354/34 of the IPC in Complaint No. 1696 of 2023. They contended that the allegations were vague, stemmed from a family dispute, and that no cognizance had been taken under the POCSO Act. The State argued that the petitioners were actively involved in the incident and opposed bail. The court observed that the charges were described in a general and omnibus manner and that the petitioners had clean antecedents. Consequently, the court ordered their release on bail with a bond of Rs 10,000 and two sureties, subject to Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the general and omnibus allegations of assault, criminal intimidation and outraging modesty justify denial of bail.
- Whether the absence of cognizance under the POCSO Act affects the bail application.
- Whether the petitioners are entitled to bail under Section 438 of the Criminal Procedure Code.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 354/34, 504
Subjects
- bail
- assault
- criminal intimidation
- outraging modesty
- IPC
- CrPC
- general allegations
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33947 of 2025
Arising Out of PS. Case No.-1696 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
1. Arun Mallick @ Arun Kumar Mallick S/o- Late Bhola Mallick Village-
Ratwara Ps- Piar Dist- Muzaffarpur
2. Mohit Mallick @ Mohit Kumar Mallick S/o- Sunil Mallick Village- Ratwara
Ps- Piar Dist- Muzaffarpur
3. Mantu Malil @ Maruti Nandan Mallick @ Mantu Mallick s/o- Sunil Mallick
Village- Ratwara Ps- Piar Dist- Muzaffarpur
4. Sanjay Mallick @ Sanjay Kumar Mallick S/o- Late Bhola Mallick Village-
Ratwara Ps- Piar Dist- Muzaffarpur
5. Sunil Kumar @ Sunil Kumar Mallick @ Sunil Mallick S/o- Late Bhola
Mallick Village- Ratwara Ps- Piar Dist- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Aarti Devi W/o- Suresh Mallick Village- Saidpur Ps- Chak Mehsi Dist-
Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Adv
For the Opposite Party/s : Mr. Anil Kr. Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 08-01-2026 Heard the parties.
2.The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Complaint Case No.
1696 of 2023 registered for the offences punishable under
Sections 323, 504 and 354/34 of the Indian Penal Code.
3. The allegation against petitioners is to assault
complainant during the course of occurrence and to abuse her.
Allegation is also available regarding outraging modesty of
Patna High Court CR. MISC. No.33947 of 2025(3) dt.08-01-2026
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complainant.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that parties are agnates and the present
occurrence took place due to previous family disputes. It is pointed
out that allegation of assault and abuse is appearing very much
general and omnibus along with allegation of outraging modesty.
While concluding argument, it is submitted that petitioners are
men of clean antecedents.
5. It is further made clear by learned counsel for the
petitioner that cognizance was taken for offences punishable under
Sections 323, 504 and 354/34 of the IPC only and no cognizance
was taken under POCSO Act. In support of his submission learned
counsel drew attention towards order dated 05.04.2024 as passed
by learned Magistrate in Complaint Case No. 1696 of 2023.
6. Learned APP while opposing the prayer of bail
submitted that petitioners were actively involved in the occurrence.
7. Considering the aforesaid factual submission as
allegation qua assault, abuse and outraging modesty appears very
much general and omnibus against petitioners, accordingly all five
above-named petitioners, in the event of their arrest or surrender
before the court below within a period of four weeks, are directed
to be released on bail, furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.33947 of 2025(3) dt.08-01-2026
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(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate 1 st Class,
Samastipur/concerned Court, where the case is pending in
connection with Complaint Case No. 1696 of 2023, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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