Patna High Court
Shivanand Tiwari @ Shivanshu Kumar @ Anshu TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Shivanand Tiwari, sought anticipatory bail after being named in an FIR alleging that he had a sexual relationship with a minor, the informant’s sister, and that his alleged mental and physical torture led her to commit suicide. The prosecution charged him under sections 103(1), 61(2), 108 and 64 of the B.N.S. and sections 4 and 6 of the POCSO Act. The petitioner argued he was innocent, citing lack of external injuries, absence of eyewitnesses, and the deceased being a major, and offered cooperation with the investigation. The State and the informant’s counsel opposed bail, emphasizing the specific accusations, the suicide note, and the seriousness of the offences. The Court, after considering the direct nature of the accusations and the material evidence, rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the charges of sexual abuse and related offences
- Whether the allegations of mental and physical torture leading to suicide constitute sufficient ground to deny bail
Legislation cited
Subjects
- anticipatory bail
- POCSO Act
- suicide
- sexual abuse
- mental torture
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6092 of 2026
Arising Out of PS. Case No.-831 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Shivanand Tiwari @ Shivanshu Kumar @ Anshu Tiwari S/o Nagina Tiwari @
Ram Nagina Tiwari Resident of Village- Parsiya, P.S.- Bhabhua, District-
Kaimur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o Y R/o vill - Parsiya, P.S.- Bhabhua, Distt.- Kaimur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Manan Kumar Mishra, Sr. Advocate
Mr. Vishwajeet Kumar Mishra, Advocate
For the State : Mr. Arun Kumar Singh, APP
For the Informant : Mr. Basant Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 31-03-2026 Heard learned senior counsel appearing on behalf of
the petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 103(1),
61(2), 108 and 64 of the B.N.S. and Sections 4 and 6 of the
POCSO Act.
3. As per prosecution case, it is alleged that there was
love affair between this petitioner and minor sister of the
informant and this petitioner used to tease her and make
physical relations with her on the pretext of marriage and
Patna High Court CR. MISC. No.6092 of 2026(3) dt.31-03-2026
2/3
thereafter, he refused to marry her and as a result of the mental
and physical torture committed by this petitioner, minor sister of
informant committed suicide.
4. It is submitted by learned senior counsel appearing
on behalf of the petitioner that petitioner is quite innocent and
has committed no offence. At best, it is a case of suicide and
petitioner cannot be held responsible for the same. As a matter
of fact, the deceased was a major and though there is allegation
of physical torture against this petitioner, however, as per post
mortem report, no external injury was found on the person of the
deceased. During investigation, no eye witness has claimed to
have seen this petitioner near the place of occurrence or
committing any torture with the deceased. Petitioner is a student
and has got no criminal antecedents. Petitioner undertakes to
cooperate with the investigation and appear before the
investigating officer as and when required.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for grant of anticipatory bail to the petitioner and
submitted that petitioner is named in the F.I.R. and there is
specific accusation against this petitioner that because of the
mental and physical torture committed by this petitioner, the
Patna High Court CR. MISC. No.6092 of 2026(3) dt.31-03-2026
3/3
victim committed suicide. The suicide was prompted by
emotional distress over sexual abuse, torture and denial of this
petitioner for marriage. During investigating, one suicide note
was also recovered from the body of the deceased which also
goes to show that out of frustration and mental torture
committed by this petitioner, she was compelled to commit
suicide.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and materials that
have surfaced during investigation, the prayer for grant of
anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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