Rakesh Kumar @ Rakesh Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22388 of 2025 Arising Out of PS. Case No.-48 Year-2020 Thana- CHAORI District- Bhojpur ====================================================== 1.

Rakesh Kumar @ Rakesh Saw S/o- Ramyash Saw Village- Andhari PsChauri Dist- Bhojpur 2.

Rupesh Kumar @ Rupesh Saw S/o- Ramyash Saw Village- Andhari PsChauri Dist- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nishu Kumari Daughter of Upendra Rai R/o Vill- Andhari, P.S.- Chaori, Distt. - Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Akash Kumar Mishra For the State :

Mr. Chandra Sen Prasad Singh For the OP-2 :

Mr. Aditya Nath Pandey, Aprajita Kumar and Yeshoneel Ratnam.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioners seek bail in Chauri P.S. Case No. 48/2020, registered for offence under Sections 376, 201, 120B of the Indian Penal Code and Sections 8/10 of POCSO Act.

3. As per prosecution case, these petitioners alongwith co-accused Shubham committed gang rape with informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. As a matter of fact, during restatement at belated stage and in

Patna High Court CR. MISC. No.22388 of 2025(3) dt.18-07-2025 2/2 statement recorded under Section 164 Cr.P.C., the informant has named these petitioners and co-accused Shubham under family pressure with ulterior motive. Petitioners are in custody since 18.01.2025 and 29.01.2025 respectively.

5. However, learned counsel for informant/opposite party no. 2 vehemently opposes the prayer for bail and submits that the victim (informant, in her statement recorded under Section 164 Cr.P.C., has specifically stated that these petitioners alongwith co-accused committed gang rape. During trial, the victim in her deposition, has supported the case and also identified these petitioners.

6. Considering the nature of accusation and statement of the victim recorded under Section 164 Cr.P.C., the prayer for bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay U T