Unusual Bail Conditions
The Patna High Court's decision involved a case where anticipatory bail was granted with unconventional stipulations. The accused, facing charges of assaulting
and outraging a woman's modesty, was given bail with the condition of performing community service. The court's directive included cleaning library books and planting a sapling at Oriental College in Patna City. This approach highlights a unique way of administering justice, emphasizing rehabilitation and community involvement. The accused was required to visit the college and engage in these activities for a specific duration as part of the bail terms.
The Court's Reasoning
Justice Rajiv Roy, presiding over the case, considered several factors when granting pre-arrest bail. The accused's young age and lack of prior criminal history were significant considerations. Advocate Rajeev Kumar Ambastha, representing the accused, argued that the physical contact with the woman was unintentional, and the incident had been given a disproportionate 'colour'. The court's decision suggests a focus on restorative justice, aiming to rehabilitate the accused while involving them in community service. The court also took into account the accused's willingness to cooperate with the investigation and appear diligently in court proceedings.
Terms of Bail
The court's bail conditions were specific. The accused was directed to clean books in the Oriental College library from January 19th to 24th, 2026. Furthermore, on the final day, the accused was mandated to plant a sapling on the college premises. Additionally, the accused was required to furnish a bail bond of ₹10,000 with two sureties within four weeks. The accused was explicitly instructed not to threaten or tamper with any witnesses or evidence. Failure to attend court for two consecutive dates without a valid reason would lead to the cancellation of the bail bond.
Events Leading Up
The case originated from an incident where a woman was allegedly assaulted by the accused while buying vegetables. The prosecution contended that the accused was riding a motorbike in an intoxicated state when the event took place. Assistant Public Prosecutor Narsingh Tanti opposed the pre-bail plea, arguing that the accused had attempted to outrage the woman's modesty and, when confronted, assaulted her family members. The defense, led by advocate Rajeev Kumar Ambastha, argued that the physical contact was inadvertent, and a different perspective was given to this incident. The prosecution maintained that, upon the woman protesting and calling her family, the accused assaulted the family members.
Legal Arguments
The advocate for the accused argued that the woman might have been touched inadvertently, attempting to downplay the incident. On the other hand, the state's counsel, assistant public prosecutor Narsingh Tanti, opposed the anticipatory bail plea. He argued that the accused had tried to outrage the modesty of a woman. It was also argued that the accused, along with other co-accused, assaulted family members. The defense’s arguments aimed to suggest a different interpretation of the incident, while the prosecution maintained the severity of the alleged actions. The defense also presented that the accused has no previous criminal record.
Next Steps
The court has scheduled the matter for a subsequent hearing on February 6th. Before the next hearing, the accused was instructed to submit a supplementary affidavit after obtaining a certificate from the principal of the college, confirming his presence and participation in the cleaning and planting activities. The upcoming hearing will likely assess the fulfillment of the bail conditions and address any further legal developments in the case. The case highlights a unique approach to anticipatory bail, where the court's focus is not just on punishment, but also on the rehabilitation of the accused within the community.
