Case Facts:
Patna High Court Cr.Misc. No.515 of 2012 (2) dt.19-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.515 of 2012 ====================================================== Subodh Kumar @ Sudhir Singh S/O Tanik Singh Resident Of Village- Surajpur, P.S.- Nalanda, District- Nalanda. .... .... Petitioner Versus 1. The State Of Bihar 2. Suryamani Devi W/O Sri Ram Swasath Singh Resident Of Village- Surajpur, Badgaoin, P.S.- Nalanda, District- Nalanda. .... .... Opposite Parties ====================================================== 2 19-01-2012 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 25.08.2010 passed in Complaint Case No. 682C of 2010, whereby the learned Judicial Magistrate 1st Class, Bihar Sharif has been pleased to take cognizance of the offence punishable under [STATUTE] against the accused including this petitioner. The petitioner has been charged with assaulting the complainant. Learned counsel for the petitioner, with reference to a letter of the Commandant Officer placed at Annexure-3 of the application, submits that the said letter itself is supportive of the fact that the petitioner was not present on the date of occurrence and as such he has been wrongly dragged in the present case. Patna High Court Cr.Misc. No.515 of 2012 (2) dt.19-01-2012 Having heard learned counsel for the parties, this Court is of the opinion that the plea as raised in the present application can well be raised by this petitioner at the stage of framing of charge. With the aforesaid observation, this application is disposed of. S.Sb/- (Jyoti Saran, 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.