Patna High Court
Dharmendra TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Dharmendra Tiwari, was arrested in a case alleging sexual assault and attempted disrobing of the informant's daughter under Sections 64(1), 62, 115(2) of the B.N.S. and Sections 8 and 12 of the POCSO Act. The petitioner contended that the victim’s father is his brother and that the dispute stems from a land conflict, noting a prior FIR for assault on his wife that was later settled by a compromise filed on 03.11.2025. The opposite party did not dispute the existence of the compromise. Considering the familial relationship, the lack of prior criminal record, and the filed compromise, the Court ordered bail on the condition that the petitioner surrenders within four weeks, provides a bail bond of Rs.10,000 with two sureties, and complies with the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail can be granted in a case of alleged sexual assault under the POCSO Act and related sections despite the seriousness of the offence
- Whether the existence of a compromise and familial relationship influences the grant of bail
Legislation cited
- B.N.S. — s. 115(2), 62, 64(1)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- sexual assault
- POCSO
- compromise
- criminal procedure
- Section 438
- Section 482
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2862 of 2026
Arising Out of PS. Case No.-416 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
Dharmendra Tiwari S/o- Late Huban Tiwari Village- Jagariya, P.s-Chainpur,
District- Kaimur, Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/o- Sanbtosh Tiwari R/v- Jagariya Ps- Chainpur Dist- Kaimur,
Bhabua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar
For the Opposite Party/s : Mr. Sanjay Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner, learned
Additional Public Prosecutor for the State and learned counsel
for the opposite party no. 2.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 64(1), 62,
115(2) of B.N.S. and Section 8/12 of the POCSO Act.
3. The allegation against the petitioner is that of
committing sexual assault and attempting to disrobe the
daughter of the informant.
4. Learned counsel for the petitioner submits, at the
outset, that the victim’s father and the petitioner are own
brothers and there is prior dispute with regard to land. It has also
been submitted that informant and her family had assaulted the
Patna High Court CR. MISC. No.2862 of 2026(2) dt.28-01-2026
2/2
wife of the petitioner earlier for which an FIR bearing Chainpur
P.S. Case No. 405 of 2025 was lodged. Be that as it may, it has
been submitted that a compromise has been arrived at between
the parties and the compromise petition has been filed in the
court below on 03.11.2025 which is Annexure-P/3.
Learned counsel for the opposite party no. 2 does not
dispute the factum of compromise between the parties.
6. Taking into consideration the facts and
circumstances and also considering the fact that it is a dispute
between two brothers and a compromise has also been filed, let
the above named petitioner, who has no criminal antecedent, in
the event of his arrest or surrender before the learned Court
below within a period of four weeks from today, be enlarged on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection with Chainpur P.S. Case
No. 416 of 2025, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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