Case Facts:
Patna High Court Cr.Misc. No.39841 of 2012 (3) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39841 of 2012 ====================================================== Aras Mian @ Md. Aaras Mansur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 14.12.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 1.8.2012 in a case registered under [STATUTE] . Admittedly, informant is not an eye witness of the alleged occurrence and he came to know about the alleged occurrence from the victim girl whose statement has been recorded at para 6 of the case diary in which she stated that petitioner attempted to commit rape on her. The victim was aged about ten years at the time of alleged occurrence. The contention on behalf of the petitioner is that no case under [STATUTE] is made out and even if the prosecution story assumed to be true, then also, at best, it is a case of [STATUTE] . It is further contended by him that, as a matter of fact, false case has been brought by the informant on account of previous dispute as there was some dues against the informant. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Aras Mian @ Md Aaras Mansur, be released on bail on furnishing bail bonds of Rs 10,000/- Patna High Court Cr.Misc. No.39841 of 2012 (3) dt.14-12-2012 with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in Lauria P.S. Case no. 34/2012. Shahid (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.