Jai Prakash Gupta @ Jai Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51307 of 2021 Arising Out of PS. Case No.-302 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Jai Prakash Gupta @ Jai Prakash Sah S/O Parash Sah R/O Village-Baligoan, P.S- Aayar, District-Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Verma, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 323, 376, 506 of the Indian Penal Code, Section 4, 8, 12 of POCSO Act and Section 66 (E), 67(B) of Information and Technology Act.

As per prosecution case, it is alleged by the informant namely Sirato Devi, is that her daughter aged about 16 years passed Matriculation Examination in the year 2020 and about one year ago her neighbour Jay Prakash Gupta used to come at the house and forcefully made physical relation with her daughter and threatening her and later on he used to take her

Patna High Court CR. MISC. No.51307 of 2021(5) dt.05-05-2022 2/2 here and there and made physical relation with her. It is further alleged that during the said course he took naked photograph of her daughter and made it viral, which came in knowledge to the villagers then villagers informed to the informant and disclosed about the viral photographs.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case.

Vide order dated 30.03.2022, a report was called for with regard to the present status of the trial. The report reveals that all the prosecution witnesses have been examined except the Investigating Officer and the next date was fixed on 13.04.2022 for prosecution evidence.

In view of the report, I am not inclined to enlarge the petitioner on bail in connection with Udwant Nagar P.S. Case No. 302 of 2021 pending in the Court of learned Additional Sessions Judge VI cum Special Judge, POCSO, Bhojpur, Ara. Prayer is refused. However, learned trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Ibrar//- U T