Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39526 of 2012 ====================================================== Bhikhari Sahni S/O Anarshi Sahniare Resident Of Village Bashaitha, P.S. Saraiyan, District Muzaffarpur. .... .... 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 Saraiya P.S. Case No. 212 of 2012 registered for offence punishable under [STATUTE] . The allegation is that the petitioner tried to lift the saree of the informant and commit rape but because of the cry raised, while running away, was caught by the relatives of the informant. Learned counsel for the petitioner submits that the petitioner is a co-villager and the house is just across the road to that of the informant and due to local politics and enmity he has been falsely implicated. Learned counsel submits that even if the entire story in the F.I.R. is believed to be true then also it can at Patna High Court Cr.Misc. No.39526 of 2012 (2) dt.01-11-2012 2 best be a case under [STATUTE] which is bailable. It is submitted that the petitioner is in custody since 26.07.2012 and has no criminal antecedent. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner making such an attempt does not deserve to be released on 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 Sub Divisional Judicial Magistrate, West Muzaffarpur in connection with Saraiya P.S. Case No. 212 of 2012. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 354

Statute Text:
Section 354 of the Indian Penal Code. Assault or use of criminal force to woman with intent to outrage her modesty. Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.