Petitioner in custody sought bail in a POCSO case alleging false implication and compromise by the informant. The court rejected the bail prayer considering the nature of the offence committed against a minor.
Bail prayer of the petitioner rejected.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29895 of 2018
Arising Out of PS. Case No.-108 Year-2018 Thana- PATLIPUTRA District- Patna
======================================================
Lalan Tiwari @ D. P. C. Lalan Tiwari, S/o Late Surendra Tiwari, R/o at & P.O.- Sahpur Undi, P.S.- Sahpur Patore, District- Samastipur presently residing at Patliputra Politechnic, P.S.- Patliputra, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vidhan Chandra Pathak For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
2 16-05-2018
The petitioner, already in custody, seeks bail in connection with Patlipurta P.S.Case No. 108 of 2018 registered under Section 377 of the Indian penal Code and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act.
Allegation in brief is that petitioner has sodomised a 14 years old child.
Submissions is that due to dispute relating to residential quarter, petitioner has been falsely implicated and once he also slapped the informant for taking Ganja . It is also submitted that later on, parties have compromised the case.
Considering the nature of offence committed with a boy of 14 years age, the prayer of bail of the petitioner is rejected.
(Arun Kumar, J)
sujit/-
U T
2 issues framed by the court
Whether bail should be granted to a petitioner accused of sodomising a 14-year-old child where parties have allegedly compromised.
Whether the allegations of false implication and subsequent compromise affect the bail prayer in a POCSO case.
2 provisions across 2 enactments
Lalan Tiwari @ D. P. C. Lalan Tiwari
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
