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Patna High Court

Shyam Kumar @ Shyam mishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 438(2) CrPC and Section 482.

Summary

The petitioner, Shyam Kumar, sought relief fearing arrest in Mahila P.S. Case No. 128 of 2018, where he was alleged to have participated in molestation of the informant under IPC sections 354, 354(D) and 34. The prosecution alleged his involvement, while the petitioner claimed innocence and a clean record. The informant indicated she had married and no longer wished to pursue the complaint. The High Court, after hearing counsel, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482. The order was made to ensure the petitioner’s liberty pending further proceedings in the lower court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations under IPC sections 354, 354(D) and 34.
  • Whether the informant's decision to not pursue the complaint influences the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Indian Penal Code
  • Section 354
  • Section 354(D)
  • Section 34
  • Mahila Police Station case
  • High Court of Patna

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56973 of 2025
                      Arising Out of PS. Case No.-128 Year-2018 Thana- MAHILA P.S. District- Patna
                 ======================================================
                 Shyam Kumar @ Shyam mishra S/o Rajendra Mishra Ressident of vill-
                 Sugaul, P.S- Sugauli, Distt.- East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Deepa kumari, d/o rajesh kumar mishra R/O vill-Goshraiya, p.s.-
                 lauriya,distt-west champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.Prateek Tandon, Advocate
                 For the State              :      Mr.Tapeshwar Sharma,APP
                 For the Informant          :      Mr. Rahul Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   20-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner apprehends his arrest in

                   connection with Mahila P.S. Case No. 128 of 2018 registered for

                   the offence under Sections 128/ 2018 under Sections 354,

                   354(D)/ 34 of I.P.C.

                                    3. As per the prosecution case, petitioner along

                   with other co-accused are alleged to have molested the

                   informant.

                                        4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. Petitioner has clean antecedent.
              Patna High Court CR. MISC. No.56973 of 2025(3) dt.20-02-2026
                                                          2/2




                                         5. Learned counsel for the informant submits that

                        O.P. No. 2 has got married and she does not want to pursue this

                        petition.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, 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 C.J.M., Sadar,

                        Patna/ concerned Court below in connection with Mahila P.S.

                        Case No. 128 of 2018, subject to the conditions laid down in

                        Section 438(2) of the Code of Criminal Procedure, 1973 /

                        Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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