PATNA, India, July 9 -- Patna High Court issued the following judgment on July 3:

Heard Mr. Rajeev Nayan, learned counsel appearing on behalf of the petitioner and Ms. Usha Kumari-1, learned A.P.P. for the State.

2. This application has been preferred under Section 482 of the Code of Criminal Procedure (in short, the "Cr.P.C.") as to quash the order dated 07.03.2025 passed by learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Nawada in POCSO Case No. 10 of 2024, arising out of Narhat (Sitamarhi P.S. Case No. 504 of 2023 registered for the offences punishable under Sections 341, 323, 504, 506 of the Indian Penal Code and Section 8/12 of the POCSO Act and under section 3(i)(r)(s)(w) of the SC/ST Act, whereby learned Special Judge, has been pleased to reject the prayer of discharge.

3. In brief, case of the prosecution speaks that the informant, who is a student of the private school of Rasalpura, running in the name of New Patna School, on 17.10.2023 at about 11:00 A.M., while the informant was going downstairs of her school, for drinking water, the teacher of the school namely, Pappu Kumar Sao (the petitioner), caught her, breast from behind and started molesting her and when she protested, the petitioner threatened her to kill and called her into his office, where she was further molested in aforesaid manner. The informant further alleged that when she came to her house, she narrated the whole story to her parents; thereafter, her father went to the petitioner, namely, Pappu Kumar Sao, who abused him by calling his caste name. The informant alleged that the petitioner, with the intention to kill, assaulted her father with an iron rod on his head, causing a head injury and fracture in his right hand; thereafter, anyhow, he saved his life.

4. On the basis of the aforesaid written statement of the informant, the aforesaid FIR has been instituted for the offences punishable under aforesaid sections of the IPC, POCSO Act as well as SC/ST (Prevention of Atrocities) Act. After the institution of the same, the Investigating Officer investigated the case and submitted the final form. Thereafter, learned trial court took cognizance against the petitioner vide order dated 14.03.2024 under Sections 341, 323, 506 of the IPC and Sections 8/12 of the POCSO Act and section 3(i)(r)(s)(w) of the SC/ST Act against petitioner.

5. Learned counsel appearing on behalf of the petitioner submitted that no occurrence, as alleged, has ever taken place; rather, the informant, who is aged about 16 years, entered into love affairs with one teacher of the school, namely, Santosh Kumar Choudhary, where petitioner being Principal of the said school, after knowing about the conduct of the informant and said teacher, removed both of them from the school, but at the request of the parents of the informant, she was allowed to study in the school. Learned counsel submitted that when the informant got information that said teacher Santosh Kumar Choudhary was not allowed to enter into the school, being aggrieved with the same, she implicated this petitioner falsely with the present case.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiMzMTU3OCMyMDI1IzEjTg==-zLFvshHhvjM=

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