Ramashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68646 of 2023 Arising Out of PS. Case No.-128 Year-2020 Thana- IMAMGANJ District- Gaya ====================================================== Ramashish Kumar, S/o Sitaram Sao @ Sitaram Saw R/O Vill-Raniganj Gareriya, P.S.-IMAMGANJ, Dist.-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Imamganj P.S. Case No. 128 of 2020, lodged on 16.07.2020 under Section 376(D) of the Indian Penal Code and section 66(E)/67 of the I.T. Act.

3. As per the prosecution case, the FIR has been lodged by the prosecutrix in which it has been alleged that she was constrained to lodge the FIR because petitioner and coaccused Ranjit Kumar prepared her objectionable video and threatened to kill and thereafter, committed rape on which cancellation of her marriage took place which was fixed earlier. Subsequently, she was threatened not to disclose the incident to anyone but ultimately the photographs were made viral then only the case has been filed.

Patna High Court CR. MISC. No.68646 of 2023(2) dt.19-10-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that extreme allegation is either against Rahul or against Ranjeet. He further submits that the antecedent of the petitioner is clean and he is in custody since 24.11.2020.

5. Learned counsel for the petitioner taken another defence that no witness has been examined in this case till date.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is a brutal allegation against the present petitioner of rape and supported by the prosecutrix under section 164 Cr.P.C.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Imamganj P.S. Case No. 128 of 2020, pending before the learned Additional District and Sessions Judge, Sherghati, Gaya is hereby rejected. (Dr. Anshuman, J.) Divyansh/- U T