Patna High Court
Basant Tiwari @ Basawan Tiwari @ Bashwan TiwariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
The petitioner, Basant Tiwari, was arrested in connection with a case alleging molestation of a 10‑year‑old girl under Sections 74, 75, 78 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act, 2012. The petitioner contended that the FIR was false, arising from a personal dispute, and highlighted the informant’s husband’s criminal history and a police final report that found the allegations unsubstantiated. The State opposed anticipatory bail, relying on the victim’s statement recorded under Section 164 CrPC. The High Court, after reviewing the case diary and noting the lack of credible evidence and the possibility of a fabricated case, granted anticipatory bail with strict conditions and directed compliance with Supreme Court precedent prohibiting disclosure of a 164 statement before charge‑sheet filing. The order also instructed the lower court and police to ensure the victim’s statement remains sealed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC read with Section 482 of the Bharatiya Nyaya Sanhita.
- Whether the allegations constitute a false or fabricated case warranting bail.
- Whether the inclusion of the victim’s Section 164 statement in the case diary violates Supreme Court direction in State of Karnataka v. Shivanna.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 351(2), 482(2), 74, 75, 78
- Code of Criminal Procedure — s. 164, 438
- Prevention of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- anticipatory bail
- false case
- POCSO
- sexual assault
- victim statement confidentiality
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53993 of 2025
Arising Out of PS. Case No.-333 Year-2024 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
======================================================
Basant Tiwari @ Basawan Tiwari @ Bashwan Tiwari, S/O Late Sardar Tiwari
R/O Village- Sonao (Sonaw/Sonan), P.S.- Bhagwanpur (Belaon/Belan),
District- Kaimur at Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sharda Devi, W/O Nande Bind, R/O Village- Taraon, P.O.- Kharenda, P.S.-
Bhagwanpur (Belaon/Belan), District- Kaimur at Bhabua, PIN Code-821102
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parwej Khan, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
For the Opposite party No.2: Mr. Tribhuwan Narayan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the opposite party no.2 and learned A.P.P. for the
State.
2. Petitioner apprehends his arrest in connection with
Bhagwanpur (Belaon/Belan) P.S. Case No. 333 of 2024
registered for the offences under Sections 74, 75, 78 and 351(2)
of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the
Prevention of Children from Sexual Offences Act, 2012.
3. As per the prosecution case, the informant has
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alleged that on 15.11.2024, while she was at her home, the
petitioner came to her doors and requested to come for the
harvesting of paddy. The informant pleaded ignorance about the
field of the petitioner and, therefore, sent her minor daughter
with the petitioner on his motorcycle. It is further alleged that
the petitioner at the fields started molesting her minor daughter
and when he heard that the informant was coming, he fled on
his motorcycle. The informant, when, confronted the petitioner
he abused her and was forcefully flirting with her.
4. Learned counsel for the petitioner submits that
from mere perusal of the FIR, it would be evident that the
petitioner has falsely been implicated and from the statement of
the informant, it would be evident that she was not aware of the
fields of the petitioner, however, she came from behind to the
fields. It has further been submitted that, in fact, on 16.11.2024
the present informant along with her husband were harvesting
paddy crops from the agricultural field of the petitioner to which
the brother of the petitioner objected whereupon the informant
and her husband started abusing and an altercation took place
and they even threaten to kill the younger brother of the
petitioner.
5. Learned counsel for the petitioner submits that the
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husband of the informant has a criminal history and had been to
the jail on the charges of theft and molestation. It has been
submitted that for the occurrence date 16.11.2024, Bhagwanpur
P.S. Case No. 334 of 2024 was lodged by the younger brother of
the petitioner. It has next been submitted that the present case is
a false and concocted case and has been lodged taking recourse
to lodging of false case under the POCSO Act with the help of
their minor child. Learned counsel for the petitioner submits that
the case diary has been called for by this Hon’ble Court and
from perusal of the same, it would appear that the allegations
are superficial and there are no allegations of sexual assault
either made, by the informant or by the victim herself in her
statement made under Section 164 of Cr.P.C. It has further been
submitted that the police, too, after investigation, found that the
allegations levelled against the petitioner were false and
fabricated and a final form was submitted on 31.12.2024. It has
also been submitted that during the course of investigation
witnesses were examined and even the Supervisory Authority
found that it was on account of the scolding of the child of the
present informant by the petitioner that the present false case
has been registered. However, differing with the final form,
cognizance has been taken against the petitioner. It has been
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submitted that the petitioner has clean antecedent and he has
falsely been implicated in the present case.
6. Learned APP for the State as well as learned
opposite party no.2 have vehemently opposed the prayer for
anticipatory bail and have stated that the victim was examined
under Section 164 of Cr.P.C. and she has specifically stated
about the petitioner to have molested her in the field and when
he saw that the mother of the victim was approaching, he fled
away.
7. Having heard the learned parties and considering
the submissions of the respective parties as well as from the
perusal of the case diary, it appears that during the course of
investigation it was found that on account of some personal
dispute the present case has been lodged against the petitioner
with an allegation of molestation, let the petitioner above named
be released on anticipatory bail, in the event of arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bonds of Rs.10,000/-(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 Bhagwanpur
(Belaon/Belan) P.S. Case No. 333 of 2024, subject to the
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conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2) of
B.N.S.S. as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
8. Accordingly, the prayer for anticipatory bail is
allowed.
9. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
10. This Court while hearing this application and
while going through the case diary, found that the 164 Statement
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of the victim, who is stated to be 10 years old, was recorded in
the case diary in paragraph ‘31’ on 21.11.2024. This Court was
amazed to find that the 164 Cr.P.C. statement of the victim was
referred to in the case diary openly contrary to the directions of
the Hon’ble Supreme Court passed in the case of State of
Karnataka vs. Shivanna @ Tarkari Shivanna reported in 2014
(8) SCC 913, whereby the Hon’ble Supreme Court had
mandated that the statement recorded under Section 164 Cr.P.C.
should not be disclosed to any person till charge-sheet/report
under Section 173 Cr.P.C. is filed. We, as constitutional Courts
have ensured such compliance and have been calling the
victim’s statements under sealed envelops, however, in the
present case, I not only find that the entire statement finds
recorded in the case diary in paragraph ‘31’, there is also a
separate copy attached at the end of the case diary.
11. In view of the above, let the learned Principal
District and Sessions Judge, Kaimur at Bhabhua, be informed
about the present order, which shall be communicated to the
Superintendent of Police and the Superintendent of Police,
Kaimur, Bhabhua, shall ensure that the Station House Officers
of all the police stations under his jurisdiction follow the
mandate of the Hon’ble Supreme Court.
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12. Let a copy of this order be sent to the learned
Principal District and Sessions Judge, Kaimur at Bhabhua and
the Superintendent of Police, Kaimur at Bhabhua by e-mail/fax.
(Sourendra Pandey, J)
manoj/-
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