Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12661 of 2020 Arising Out of PS. Case No.-105 Year-2019 Thana- TARAPUR District- Munger ====================================================== Rupesh Kumar, Son of Kailash Singh, Resident of Village - Gogachak, P.S.- Tarapur, District- Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-06-2020 The matter has been listed today for consideration through video conferencing in view of the nationwide lockdown on account of COVID-19 pandemic.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Tarapur P.S. Case No.105 of 2019 instituted for the offence punishable under Sections 376, 354B, 354C, 34 of the Indian Penal Code and Section 66(e) of the I.T. Act., which is pending in the court of learned A.C.J.M. IV, Munger.

Patna High Court CR. MISC. No.12661 of 2020(3) dt.02-06-2020 2/2 The F.I.R. has been lodged alleging that the picture of the petitioner committing rape with unknown lady has gone viral.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the entire allegations are false and concocted. Till date the victim girl has not been traced out. The petitioner is a married person having one child. He is in custody since 19.07.2019.

Learned APP for the State has opposed the prayer for bail. He has referred to the alleged photographs. From perusal of the photographs itself, the forceful sexual intercourse perpetrated by the petitioner is apparent. The fact that the victim lady has not been traced out could go in favour of the petitioner. Considering the rival submissions and the nature of allegations, this Court for the present is not inclined to allow the petitioner's prayer for bail. The same is rejected. (Madhuresh Prasad, J) PNM U T