Gyan Vishnu Arya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29496 of 2020 Arising Out of PS. Case No.-136 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== GYAN VISHNU ARYA Son of Jay Shiv Verma Resident of Mohalla- Railway Hunter Road Purbi Lohanipur, P.S.- Kadamkuan, District- Patna and permanent resident of Village- Dhanawan, P.S.- Barh, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar,Adv For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-05-2021 Heard the parties in virtual Court.
Petitioner seeks bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code and 13/14 POCSO Act.
A second supplementary affidavit has been filed on behalf of the petitioner alongwith birth certificate of the victim girl issued by the Municipal Corporation, Patna. According to birth certificate, the victim was born on 11.02.2002 whereas the registration of date of birth was made on 26.03.2021 i.e. after filing of the present Kadamkuan P.S.Case No.136 of 2020 on 17.03.2020.
According to FIR, the minor daughter of the informant was pregnant and she disclosed that the petitioner had
Patna High Court CR. MISC. No.29496 of 2020(8) dt.19-05-2021 2/2 induced to go with him and forcefully established physical relation with her and made a video just to blackmail her and was continuing in physical relation by threatening her to make the video viral.
Since the victim was a minor on the date of alleged occurrence, I am not inclined to enlarge the petitioner on bail on connection with Kadamkuan P.S.Case No.136 of 2020 pending in the court of learned Special Judge (Additional Sessions Judge,1st), Patna. Hence, prayer is refused.
The learned Trial Court is directed to expedite the trial.
(Birendra Kumar, J) Nitesh/- U T