Case Facts:
Patna High Court Cr.Misc. No.9578 of 2012 (2) dt.13-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9578 of 2012 ====================================================== 1. Samshul @ Shamsul S/O Md. Yusuf .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 13-03-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 17.12.2011 on the charges that he tried to commit rape on a six and half years old girl but submission on behalf of the petitioner is that even if, the prosecution story assumed to be true, then also, only a case under [STATUTE] is made out and as a matter of fact, no occurrence as alleged in the first information report did ever take place and the petitioner has been roped in this case on mere suspicion. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Thakurganj (Galgalia) P.S. Case No. 197 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.