In a POCSO complaint case, the High Court of Patna granted bail to the accused, Kanhaiya Pandey, who alleged false implication and had criminal antecedents, after hearing counsel for the petitioner, state, and informant.
Petitioner released on bail by furnishing bonds of Rs. 10,000 with two sureties of the like amount to the concerned court.
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.65998 of 2024
Arising Out of PS. Case No.-66 Year-2019 Thana- BHOJPUR COMPLAINT CASE DistrictBhojpur
======================================================
Kanhaiya Pandey S/o- Late Baiju Pandey Village- Bara kharauni Ps-Bihiyan District- Bhojpur
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bibhakar Tiwary, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP For the Informant : Mr. Kumar Goutam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
3 19-11-2024
Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the Informant.
2. The petitioner seeks bail in connection with POCSO Complaint Case No. 66(c) of 2019 instituted for the offence under Sections 341, 342 & 354B of the Indian Penal Code and Section 4 of the POCSO Act.
3. As per the prosecution case, allegation against the petitioner is of sexually assaulting the daughter of the informant.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-04-2024. Petitioner bears three criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.65998 of 2024(3) dt.19-11-2024 2/3
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. It is submitted that complainant had initially filed Bihiyan P.S. Case No. 231 of 2018 against the petitioner and police after investigation submitted final report, finding the case false against the petitioner. The learned court below accepted the final report submitted by police and passed order for proceeding in the complaint side on the protest filed by the complainant. Learned counsel submits that from perusal of the complaint, it would reveal that petitioner and complainant are residents of same village and there is land dispute between them. Learned counsel fervently submits that complainant is in habit of lodging cases of similar nature against persons with whom she has any dispute.
6. Learned A.P.P. for the State and learned counsel for the Informant have vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on
Patna High Court CR. MISC. No.65998 of 2024(3) dt.19-11-2024 3/3
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with POCSO Complaint Case No. 66(c) of 2019.
(Rudra Prakash Mishra, J)
Raj Kishore/- U T
2 issues framed by the court
Whether bail should be granted to the petitioner in the POCSO complaint case.
Whether the petitioner's alleged false implication and antecedents warrant denial of bail.
2 provisions across 2 enactments
Kanhaiya Pandey
The State of Bihar
Guriya Devi
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
