Golden Gupta @ Golden Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86596 of 2024 Arising Out of PS. Case No.-183 Year-2024 Thana- JANTA BAZAR District- Saran ====================================================== Golden Gupta @ Golden Kumar Son of Raj Kishore Gupta @ Raj Kishore Sah Resident of Village- Patedha, P.S.- Maharajganj, Distt.- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nirmala Suman, S.H.O. cum Resident of Village- Janta Bazar, P.S.- Janta Bazar, Distt.- Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Janta Bazar P.S. Case No. 183 of 2024 instituted for the offences under Sections 3, 4, 5, 6 of the Immoral Traffic Prevention Act, and Section 3/4 of the POCSO Act.

3. Prosecution case, in short, is that, police, on the basis of secret information raided Royal Hotel, Janta Bazar and arrested manager and two other persons including the petitioner while rescuing a minor girl and a woman. It is further alleged that some objectionable material was also seized from the place of occurrence.

Patna High Court CR. MISC. No.86596 of 2024(4) dt.18-03-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to high-handedness of police. Learned counsel further submitted that the petitioner had visited the hotel merely to have food as the same is a public establishment. Learned counsel further submitted that there is nothing on record to suggest his involvement it the alleged offence. No specific overt act is alleged against the petitioner. Learned counsel further submitted that co-accused Pappu Kumar Kushwaha has already been granted bail by learned court below. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.09.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that as per paragraph nos. 17 and 18 of the case diary, victims in their respective Section 183 BNSS statements have supported the case of the prosecution. Learned APP further submitted that victims have refused for medical examination.

6. Considering the aforesaid facts and circumstances of the case, Section 183 BNSS statements of the victim as also the nature and gravity of offence, this Court is not inclined to

Patna High Court CR. MISC. No.86596 of 2024(4) dt.18-03-2025 3/3 grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T