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Patna High CourtCR. MISC./11360/2025rejected

Rupesh Kumar v. The State Of Bihar

2025-05-13Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11360 of 2025 Arising Out of PS. Case No.-239 Year-2021 Thana- KASHICHAK District- Nawada ====================================================== Rupesh Kumar, aged about 25 years (Male) Son of Shri Dilip Singh, Resident of Birnawan, P.S. - Kashichak, District - Nawada ... ... Petitioner/s

Versus

1. The State of Bihar

2. Kanti Devi, aged about 50 years, wife of Jamun Mahto, a resident of village-Birnawan, P.S. Kashichak, District-Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 366(A) and 376(3)/34 of the Indian Penal Code and Sections 4 of the POCSO Act.

3. It is a case of committing rape by the petitioner upon the minor daughter, aged about 16 years, of the informant when she was out of the house for natural call in connivance with six other named accused persons.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that earlier the prayer for bail of this petitioner was

Patna High Court CR. MISC. No.11360 of 2025(3) dt.13-05-2025 2/2 rejected twice in Cr. Misc. No. 2462 of 2023 and Cr. Misc. No. 23304 of 2024 and he is in custody since 11.11.2022.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that earlier the prayer for bail of this petitioner was rejected twice by a Co-ordinate Benches of this Court.

6. Accordingly, there is no fresh ground to reconsider the prayer for regular bail of the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T