Bishvranjan Gop @ Vishavranjan Gop v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86354 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- MAHILA PS District- Jehanabad ====================================================== BISHVRANJAN GOP @ VISHAVRANJAN GOP SON OF SATISH PRASAD @ SATISH PARSAD @ SATISH PRASAD SINGH R/O VILLAGE- DANIYALA, POST OFICE- SHADIPUR, P.S.- BANSHI, DISTRICT- ARWAL. PRESENT ADDRESS- WARD NO.7, S.N.COLLEGE, TENI BIGHA, P.S. AND DISTRICT- JEHANABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajnish Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has preferred this application for grant of regular bail in connection with Jehanabad Mahila PS Case no. 24 of 2023 registered under sections 354(D), 367, 506 and 509 of the IPC and sections 4 and 8 of the POCSO Act.
3. As per the prosecution case, the informant states that the petitioner, under threat of making some objectionable photographs viral, established physical relations with his minor daughter.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. While the
Patna High Court CR. MISC. No.86354 of 2023(5) dt.18-04-2024 2/3 daughter of the informant was aged about 16-17 years, the petitioner is also aged about 23 years and it was a case of love affair between the parties. Having learnt about their relationship from one Ranjan Kumar, it was only thereafter the instant FIR was registered by the informant making false and incorrect allegations. The trial has commenced. The petitioner undertakes to co-operate in the trial and to abide by any conditions which may be laid for his release. The petitioner is in custody since 11.08.2023.
5. The application for bail is opposed by the learned APP and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against the petitioner. Charge has been framed and trial has commenced in the learned trial court. Five out of ten charge-sheet witnesses have already been examined. The informant undertakes that all the witnesses on behalf of the informant will be produced in the learned trial court without any delay.
6. A report was called from from the learned trial court. As per the report received contained in letter no. 18 dated 31.1.2024 from the Additional District & Sessions Judge, 6th -cum-Special Judge, POCSO, Jehanabad, five witnesses on behalf of the prosecution out of the total ten charge-sheet
Patna High Court CR. MISC. No.86354 of 2023(5) dt.18-04-2024 3/3 witnesses have been examined.
7. Having heard learned counsel for the parties and taking into consideration the direct allegations against the petitioner in the F.I.R. and the trial having progressed in the trial court, the Court is not inclined to enlarge the petitioner on bail and this application is rejected.
8. Learned trial court is directed to expedite the trial and the informant is directed to produce the remaining witnesses in the learned court below without any delay. (Partha Sarthy, J) perwez U T