Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39558 of 2012 ====================================================== Avinash Mandal S/O Late Nandlal Mandal Resident Of Village Amjhari, P.S. Sono, District Jamui. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Sono P.S. Case No. 130 of 2011 registered for offence punishable under [STATUTE] and Section 3 (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘SC and ST Act’). Learned counsel for the petitioner submits that the story in the F.I.R. is totally unbelievable since the sequence of events and the commission of rape in front of other villagers who had assembled in the house of the informant cannot be believed since later on the same persons assaulted the petitioner due to which he Patna High Court Cr.Misc. No.39558 of 2012 (2) dt.01-11-2012 2 was injured. Had that been the truth then at the very first instance there could not have been any commission of the crime. Further, learned counsel submits that as far as the application of the SC and ST Act, there is absolutely not even a whisper to show that any of the ingredients required for invocation of the said section are fulfilled. Learned counsel has also drawn the attention of this Court to Annexure-2 which is the F.I.R. of Sono P.S. Case No. 129 of 2011 in which there is allegation that the informant and her family members along with the business partner of the petitioner brutally assaulted him and confined him in the house of the informant. Learned counsel submits that the said case was instituted more than 5 hours prior to the institution of the present case and thus it is obvious that the same is only by way of a counter case to create defence. Learned counsel submits that it is the partner of the petitioner on whose motorcycle the petitioner had gone and after which he was assaulted by the informant and others and somehow he managed to save his life. The petitioner is in custody in the present case since 12.06.2012. Learned counsel has further drawn the attention of this Court to Annexure-3, which is copy of the medical report of the informant, which shows that there is no sign of any recent injury on any part of the body and also there was no sign of forceful coitus. The said report is of the Patna High Court Cr.Misc. No.39558 of 2012 (2) dt.01-11-2012 3 very next day of the alleged occurrence and thus, it is submitted, that in view of the clear cut finding of the medical report, the allegation in the F.I.R. stands falsified. Learned A.P.P. for the State opposes the prayer for bail and submits that the presence of the petitioner in the house of the informant itself in the night hour goes to suggest that the allegation against him is true and thus he does not deserve to be granted the privilege of bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with Sono P.S. Case No. 130 of 2011. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.