High Court President denied bail to a teacher accused of unnatural sex with a Class V student under IPC and POCSO, deeming the allegation heinous and rejecting the claim of a false case lodged to defame the petitioner.
Prayer for bail is rejected. Petitioner may renew prayer after one year in custody if advised.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.7321 of 2014 (3) dt.14-05-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7321 of 2014
| ======================================= Ranveer Kumar Yadav son of late Naresh Prasad Mohalla Awasiya Vidya Mandir, Professor P.S.Naugachia, District Bhagalpur Versus The State of Bihar .... ======================================= Appearance : For the Petitioner/s : Mr. Ajit Kumar Ojha, For the Opposite Party/s : Mr. Addl.P.P. ======================================= |
======= Yadav, Colony, .... .... .... Opp ======= Advocate ======= |
======== resident of Naugachia, Petitioner/s osite Party/s ======== ======== |
|
|---|---|---|---|
| CORAM: HONOURABLE MR. JUSTICE SHYAM ORAL ORDER ------------------- |
KISHO | RE SHARMA | |
| 3 | 14-05-2014 Heard learned counsel for |
the pe | titioner and |
| learned counsel for the State. |
The petitioner seeks bail in Naugachia P.S.Case No. 266 of 2013 which has been registered for offence under Section 377 of the Indian Penal Code and under Section 4/6 of Prevention of Children from Sexual Offence Act, 2012.
Allegation is that the petitioner being Director and Teacher of the school in question called the informant, a student of Class V, and brought him in his room and committed unnatural offence.
Submission is that the petitioner has not committed any offence and as the informant-student was expelled from the school and later on, on the request of his parents he was reinducted, the informant after making a plan with others this false
Patna High Court Cr.Misc. No.7321 of 2014 (3) dt.14-05-2014
case has been lodged to demorlise and defame the petitioner.
The petitioner was a teacher and the allegation is of committing heinous offence, I am not inclined to grant bail to him for the present. Accordingly, his prayer for bail is rejected. However, the petitioner, if so advised, may renew his prayer for bail before the court below after completing one year in custody.
(Shyam Kishore Sharma, J)
Tahir/-
2 issues framed by the court
Whether bail should be granted to the accused facing charges of unnatural offence under IPC and POCSO against a minor student.
Whether the allegation is heinous enough to deny bail at this stage.
2 provisions across 2 enactments
Ranveer Kumar Yadav
The State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
