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Patna High Court

Rocky Kumar @ Rockey KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond of Rs 30,000 and the conditions prescribed under the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

Petitioner Rocky Kumar sought bail after the police took cognizance of a complaint (Case No. 8041 of 2023) alleging offences under IPC sections 341, 323, 354, 448 and 504, including assault and an attempt to outrage the complainant’s modesty. The petitioner claimed innocence, alleging the complaint was retaliatory for a separate case he had filed against the complainant’s brother‑in‑law, and asserted that he had already been granted bail in another pending case. The State and the complainant opposed bail, emphasizing the specific allegations of sexual harassment under Section 354. The Court considered the petitioner’s young age, his undertaking to abide by conditions, and the statutory provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023. Accordingly, the Court ordered bail on a bond of Rs 30,000 with detailed conditions regarding appearance before the trial court, police attendance, and non‑interference with the complainant. The bail order was conditioned on compliance with Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner pending trial for offences under IPC sections 341, 323, 354, 448 and 504.
  • Whether the conditions imposed under the Bharatiya Nagrik Suraksha Sanhita, 2023 are sufficient to justify bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Section 354
  • outcry of modesty
  • criminal procedure
  • Bharatiya Nagrik Suraksha Sanhita
  • age factor
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.79135 of 2025
                 Arising Out of PS. Case No.-8041 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Rocky Kumar @ Rockey Kumar S/o Birju Das R/o Village- Bharthu, Pind
                 Par, Post- Bharthu, PS- Ghosi, Distt.- Jehanabad

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Kumari Bharti W/o Bablu Kumar R/o vill - Bharthu, Pind Par, Post -
                 Bharthu, P.S.- Ghosi,

                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Priyadarshi Pankaj Raj Anand, Advocate
                 For the State           :      Mr.Nand Kishore Prasad, APP
                 For the Informant       :      Mr. Ranjay Kumar, Advocate
                                                Mr. Amit Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                                ORAL ORDER

3   19-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner who apprehends arrest in connection

                   with Complaint Case No. 8041 of 2023 in which cognizance has

                   been taken under Sections 341, 323, 354, 448 and 504 of the

                   Indian Penal Code.

                                  3. As per the prosecution, the complainant has filed

                   the present complaint alleging therein that all the accused

                   persons abused and assaulted her with a view to pressurize her

                   to withdraw the case filed by her against the co-accused. It is
Patna High Court CR. MISC. No.79135 of 2025(3) dt.19-03-2026
                                            2/4




          specifically alleged against the petitioner that he attempted to

          outrage the modesty of the complainant.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. It is further

          submitted that the present complaint has been filed in retaliation

          to the case lodged by the petitioner, being Ghosi P.S. Case No.

          515 of 2023, against the complainant’s brother-in-law, in which

          the petitioner himself is the victim.

                       5. It is further submitted that the petitioner is also an

          accused in one other criminal case, in which he has already been

          granted bail. The petitioner undertakes to abide by all the

          conditions that may be imposed by this Hon’ble Court and

          assures that he shall not repeat any such act in future in the

          event of grant of bail.

                       6. Learned counsel for the complainant vehemently

          opposes the prayer for bail and submits that the petitioner used

          to cast a lewd eye upon her even after her marriage and has even

          dared to enter her house with an intention to outrage her

          modesty.

                       7. Learned A.P.P. for the State also opposes the prayer

          for bail and submits that there are specific allegations under

          Section 354 of the Indian Penal Code in the F.I.R.
Patna High Court CR. MISC. No.79135 of 2025(3) dt.19-03-2026
                                            3/4




                       6. Considering the age of the petitioner and the

          assurance given by him that he shall not commit any such act in

          future,     let the above named petitioner be released on bail, in

          the event of arrest or surrender before the Trial Court within a

          period of four weeks from today, on furnishing bail bond of

          ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of

          the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction

          of the learned Judicial Magistrate, 1st Class, Patna, in connection

          with the aforementioned case, subject to the conditions as laid

          down under Section 482(2) of the Bharatiya Nagrik Suraksha

          Sanhita, 2023 as well as following conditions :-

                        (i) one of the bailor should be the family member of

          the petitioner who shall provide official document to show his

          bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his bail

          bonds by the Trial Court itself;

                       (iii) the petitioner shall appear before the concerned

          police station fortnightly for one year to mark attendance; and

                       (iv) he petitioner shall not, in any manner, attempt to

          disturb or interfere with the complainant. In the event of any
            Patna High Court CR. MISC. No.79135 of 2025(3) dt.19-03-2026
                                                        4/4




                      such violation, the State shall be at liberty to take appropriate

                      steps for cancellation of the petitioner’s bail bonds.




                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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