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2023 Supreme(Online)(Pat) 3479
PATNA HIGH COURT
Mr. Justice Sunil Kumar Panwar
IBRAR ALI @ ALISHAR – Appellant
Versus
The State – Respondent
CR. MISC./38612/2022
The court has the discretion to grant or reject bail based on the nature of the allegation.
Headnote:
POCSO ACT - BAIL - REJECTION
Fact of the Case:
The petitioner, a teacher, was accused of trying to outrage the modesty of a class VII student. The petitioner claimed false implication due to village politics and that the victim was absent on the alleged date.
Finding of the Court:
The court rejected the petitioner's bail application, considering the nature of the allegation.
Issues: Whether the petitioner should be granted bail in a case under Sections 341, 354 of the IPC, and Section 8 of the POCSO Act.
Ratio Decidendi: The court held that the nature of the allegation was serious and did not warrant bail.
Final Decision: The petitioner's bail application was rejected. However, the court directed that if the trial was not concluded within three months, the petitioner could renew his bail application.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38612 of 2022
Arising Out of PS. Case No.-220 Year-2022 Thana- BIDUPUR District- Vaishali
======================================================
IBRAR ALI @ ALISHAR S/o Haider Ali R/o village- Dilawarpur West, P.S.-
Bidupur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Rakesh Prabhat
For the Opposite Party/s :
Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3
04-01-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for bail in a case instituted
for the offence under Sections 341 and 354 of the Indian Penal
Code and Section 8 of the POCSO Act.
As per allegation in the FIR, while the informant who
is student of class VII, went to her school on 09.05.2022,
petitioner, who is teacher had tried to outrage her modesty.
It is submitted by learned counsel for the petitioner
that petitioner has been falsely implicated in this case due to
village politics. Petitioner has not committed anything wrong
with the informant. In fact, on the alleged date, she was absent,
as per attendence register of the school. Petitioner is in custody
since 08.05.2022.
Patna High Court CR. MISC. No.38612 of 2022(3) dt.04-01-2023
2/2
The application for bail is opposed by learned APP for
the State has opposed the prayer of bail.
Having heard the learned counsel for the parties and
considering the nature of allegation, this court is not inclined to
enlarge the petitioner on bail and, as such, his prayer for bail
stands rejected.
However, if the trial of the petitioner is not concluded
within a period of three months, he would be at liberty to renew
his prayer for bail.
sushma/-
(Sunil Kumar Panwar, J)
U
T
