Patna High Court
Shyam Kumar @ Shyam mishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 34, 354, 354(D)
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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