Case Facts:
Patna High Court Cr.Misc. No.42966 of 2012 (2) dt.17-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42966 of 2012 ====================================================== 1. Sanjay Kumar @ Sanjay Kumar Yadav Son of Rameshwar Yadav Village-Bhaluhipur,Ps,Ara Town,District-Bhojpur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 17-12-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail since 6.08.2012 in a case registered under sections 341,323, 504, 379, 354, 376(G), 511/34 of the Indian Penal Code. Although the petitioner is named in the F.I.R. but according to the prosecution case itself, petitioner was not caught at the spot and the name of this petitioner came in this case on the basis of disclosure made by the apprehended co- accused persons. Learned counsel for the petitioner drew my attention to annexure-2 to this application which is Photostat copy of the statement of Radhika Devi recorded under section 164 Cr.P.C. and submitted that the aforesaid Radhika Devi has no Patna High Court Cr.Misc. No.42966 of 2012 (2) dt.17-12-2012 where stated about the story of rape or attempt to commit rape on her as well as informant. Moreover, even if, the prosecution story is assumed to be true, then also, at best, offence under [STATUTE] is made out which is bailable in nature. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioner above-named be enlarged on bail on 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, Bhojpur at Arrah in connection with Arah Mufassil P.S. Case No. 118/2012. Amin/- (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.