Patna High Court
Rocky Kumar @ Rockey KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Indian Penal Code — s. 323, 341, 354, 448, 504
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
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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.
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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
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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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