Rahul Kumar @ Rahul Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2886 of 2021 Arising Out of PS. Case No.-128 Year-2020 Thana- IMAMGANJ District- Gaya ====================================================== RAHUL KUMAR @ RAHUL KUMAR GUPTA Son of Sri Sambhu Prasad Gupta resident of village- Raniganj, P.S. Imamganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Imamganj P.S. Case No. 128 of 2020, registered for the offence punishable under Section 376(D) of the Indian Penal Code and section 66(E) of the Information Technology Act.

As per the prosecution case, this petitioner along with other accused persons on the point of pistol took the informant to newly constructed house of one Tara Saw and committed rape with her. It is further alleged that they also made video clipping of the incident and threatened her not to disclose the ordeal to anyone otherwise they got the video viral.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. FIR has been

Patna High Court CR. MISC. No.2886 of 2021(2) dt.15-03-2021 2/2 lodged after lapse of two years of the alleged occurrence and there is no plausible explanation for the same. Petitioner is in custody since 17.07.2020 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific allegation against this petitioner of committing rape and the victim girl in her statement under Section 164 Cr.P.C has supported the prosecution version.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T