IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8543 of 2008 KRISHNA YADAV @ BHUTTA Versus STATE OF BIHAR ----------- 2 15.5.2008 Heard Counsel for the petitioner and the A.P.P. representing the State. The petitioner was initially made accused for offence under Section 452 & 376 of the Indian Penal Code but the police after investigation has submitted a charge-sheet holding that the allegation under Section 376 was not made out against the petitioner and the charge-sheet against him was ultimately submitted for offence under Section 452/323/354/504 of the Indian Penal Code. Counsel for the petitioner submits that the prosecution case in the First Information Report is absurd and infact once police had found the allegation of rape to be false it ought to have not filed a charge sheet for an offence of outraging the modesty under Section 354 of the Indian Penal Code. In view of the aforementioned facts as also upon taking into consideration that the petitioner has remained in custody since 30.7.2007 i.e. for nearly ten months, this Court is inclined to grant bail to the petitioner Krishna Yadav @ Bhutta primarily because the maximum sentence under Section 354 of the Indian Penal Code is three years. 2 Accordingly, this Court directs the petitioner Krishna Yadav @ Bhutta to be released on bail in connection with Chandi P.S. Case No. 178/2007 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa Nalanda. Rsh (Mihir Kumar Jha, J.)