Bihar Court orders man accused of outraging modesty of women to clean drains as bail condition

A Bihar Court recently ordered a man accused of attacking and outraging the modesty of women to clean and maintain the drain in front of his house as a bail condition, after the accused man gave an undertaking to perform social service in order to show his bonafide [Md Rustam v. State]..Judge Avinash Kumar from Jhanjharpur, Madhubani was dealing with a bail plea by Md. Rustam, who was accused of attacking and sexually harassing women..“…he is directed to be released on bail on furnishing bail bond of ₹10,000 with two sureties of the like amount each to the satisfaction of the learned court below with condition that as per statement of counsel for the petitioner, the petitioner shall clean, maintain and supervise Nala(drain) situated in front of his house,” Judge Kumar’s order passed on August 28, 2021, stated..The case was registered on a complaint that the accused had physically attacked and outraged the modesty of some women in the town. .He was accordingly booked under Sections 341 (wrongful restraint), 323 (voluntarily causing hurt), 308 (attempt to commit culpable homicide), 324 (voluntarily causing hurt by dangerous weapons or means), 354(b) (assault or use of criminal force to woman with intent to disrobe), 379 (theft), 504 (intentional insult to provoke breach of peace), 506 (criminal intimidation) read with Section 34 (common intention) of the Indian Penal Code..The accused man's counsel argued that his client was innocent while submitting that the other accused persons in the case had been let off on anticipatory bail. .It came on record that the accused had spent four months in jail since April 24 until then and that a chargesheet had been filed by the investigating agency..The man was stated to have filed an “application-cum-undertaking” stating his willingness to carry out social service to show his “bonafide without prejudice to his rights”..“On the suggestion of the APP, the counsel for the petitioner has agreed that the petitioner shall clean, maintain and supervise the nala (drain) situations in front of his house,” the order noted..The Court further observed that all the others co-accused had been granted anticipatory bail. The Court further factored time spent by the accused in custody and that fact that a chargesheet had been filed, besides his “clean antecedents", to allow bail. .Judge Kumar is known for imposing interesting conditions in bail cases. .Bar and Bench had earlier reported on how the judge was known to impose bail conditions that were intended for the public good and which touched upon issues such as global warming and socio-economic disparity..However, when viewed from the prism of propriety of novel bail conditions, some argue that such conditions have nothing to do with the purpose of the legal provisions governing the grant of bail..[Read Order].From free education for underprivileged kids to planting trees: This Bihar judge’s unusual bail conditions