Patna High CourtCR. MISC./65045/2021rejected

Gyan Vishnu Arya v. The State Of Bihar

2022-04-26Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65045 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== Gyan Vishnu Arya Son ofJaishiv Verma Resident of Village/ MohallaRailway Hunter Road, Purvi Lohanipur, P.S.- Kadamkuan, District- Patna. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Narayan Singh For the Opposite Party/s :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Section 13 and 14 of the POCSO Act.

According to prosecution case, as per the F.I.R. the minor daughter of the informant was pregnant and she disclosed that the petitioner had induced to got 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.

Patna High Court CR. MISC. No.65045 of 2021(3) dt.26-04-2022 2/2 Earlier the bail application of the petitioner was rejected vide order dated 19.05.2021 passed in Cr. Misc. No. 29496 of 2020.

Vide order dated 15.12.2021 a report was called for with regard to the present stage of trial. Report reveals that mother of the victim has been examined and the case is pending for prosecution evidence. It appears from the report dated 22.02.2022 that the trial is going on.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Special Case (POCSO) Case No. 67 of 2020 arising out of Kadamkuan P.S. Case No. 136 of 2020 pending in the court of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Patna. Prayer is refused.

However, learned trial court is directed to expedite the trial.

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