Patna High Court
Shivanand TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and conditions.
Summary
Shivanand Tiwari was arrested in connection with a complaint that he forcibly entered an Anganwadi centre, assaulted a girl and locked her inside, offences alleged under Sections 74 and 76 of the Bharatiya Nyaya Sanhita, later supplemented by Sections 127(7), 137(2) of the same Act and Sections 10 and 18 of the POCSO Act. The petitioner contended that the centre was locked at the time, the key was with the Mukhiya, and that he resides elsewhere, arguing that the allegations are false and that the victim gave contradictory statements and refused a medical examination. The State and the informant opposed bail, relying on the charge‑sheet and witness testimony. The Court, after considering the length of custody, the pending charge‑sheet and the disputed evidence, decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s appearance at every trial date. Non‑appearance on two consecutive dates would permit cancellation of the bail.
Issues considered
- Whether bail should be granted to the accused in offences under the Bharatiya Nyaya Sanhita and the POCSO Act.
- Whether the alibi regarding the locked Anganwadi centre and the victim’s refusal of medical examination create reasonable doubt warranting bail.
- Whether the prosecution’s evidence is sufficient to justify continued detention.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 180, 183
- Bharatiya Nyaya Sanhita, 2023 — s. 127(7), 137(2), 74, 76
- Protection of Children from Sexual Offences Act — s. 10, 18
Subjects
- bail
- sexual assault
- Bharatiya Nyaya Sanhita
- POCSO Act
- false implication
- alibi
- medical examination
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63767 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- DUMRAO District- Buxar
======================================================
Shivanand Tiwari Son of Late Jagresh Tiwari Resident of Village - Rajdiha,
P.S.- Dumraon, District - Buxar (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar
2. ABC Daughter of Kameshwar Thakur Resident of Village - Rajdiha, P.S.-
Dumraon, District - Buxar (Bihar).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
For the Informant : Mr. Ravi Shankar Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the informant. Perused
the case diary.
2. The petitioner seeks bail in connection with
Dumraon P.S. Case No. 77 of 2025 instituted for the offence
under Sections 74 & 76 of the Bharatiya Nyaya Sanhita, 2023.
Subsequently, Sections 127(7), 137(2) of the BNS and Sections
10 & 18 of the POCSO Act were also added.
3. On 26.03.2025 at about 2:30 PM, the informant–
victim alleged that petitioner forcibly caught her, dragged her
into a room, assaulted her with intent to sexually exploit and
locked her inside. On her prolonged cries, her uncle and
Patna High Court CR. MISC. No.63767 of 2025(4) dt.02-02-2026
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villagers arrived, whereafter, the accused fled after locking the
room, and she was later rescued and taken to the police station.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 12.07.2025. Petitioner
bears one criminal antecedents, as per disclosure made in
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. Petitioner’s counsel submits that the Anganwadi Centre
was locked at the relevant time and its key was in the custody of
the Mukhiya, making the alleged occurrence inside the Centre
impossible. It is next submitted that petitioner has his own
residential house in the same village and a settled family,
leaving no reason for him to reside in or frequent the
Anganwadi Centre as falsely alleged. It is lastly submitted that
the alleged alarm was improbably heard only by the uncle of the
victim, and that the victim herself refused internal medical
examination and gave contradictory statements under Sections
180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, which
gravely undermines the prosecution case.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
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bail to the petitioner. It is submitted that witness have supported
the prosecution case. Charge sheet has already been submitted
in this case.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and charge-sheet
being submitted, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dumraon P.S. Case
No. 77 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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