2026:JHHC:9749 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2772 of 2026 Sipriyan Toppo, S/o: Petrus Toppo … … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Rajan Sahay, Advocate For the Opp. Party-State : Mr. Arup Kr. Dey, Advocate --- 04/07.04.2026 1. Heard the learned counsel appearing on behalf of the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 04.07.2025 in connection with Simdega Mahila P.S. Case No. 20 of 2025, corresponding to POCSO Case No. 30 of 2025, for the alleged offence registered under Sections 65(1) of Bharatiya Nyaya Sanhita, 2023 and Section 4 and 6 of the POCSO Act pending in the court of learned Special Judge (POCSO), Simdega. 3. Learned counsel for the petitioner submits that the petitioner is 27 years of age. He has been falsely implicated in this case on the alleged repeated rape of victim, who is said to be 15 years of age. He has also submitted that victim became pregnant, but the police did not conduct his DNA test and no FSL report is available on record. He has also submitted that as on date the child has been born and the petitioner is ready for paternity test. Learned counsel has submitted that as on date charge has been framed but no witness has been produced so far. He has also submitted that cognizance has been taken as back as on 12.11.2025. 4. Learned counsel appearing on behalf of the opposite party-State has opposed the prayer and has submitted that the victim has been examined under Section 183 of B.N.S.S. and she has fully supported the prosecution case. He has further submitted that if the petitioner 2026:JHHC:9749 2 wants paternity test to be conducted then file an application before the concerned court. 5. After hearing the learned counsel for the parties and considering the aforesaid submissions and the direct allegation made against the petitioner, this Court is not inclined to enlarge the petitioner on bail. 6. However, if the petitioner files any application for his paternity test, the same can certainly be considered by the court in accordance with law. 7. As the case is at the stage of evidence, the State is directed to ensure prompt production of witnesses. 8. Learned counsel for the State is directed to communicate this order to the Director, Prosecution as well as Superintendent of Police of the concerned district to ensure compliance. 9. Let a copy of this order be communicated to the court concerned through ‘FAX/E-mail’. (Anubha Rawat Choudhary, J.) 07.04.2026 Rakesh/- Uploaded on:-08.04.2026