Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1356 of 2025 Arising Out of PS. Case No.-128 Year-2024 Thana- MINAPUR District- Muzaffarpur ====================================================== Rahul Kumar S/o Nandu Paswan R/o Village- Karaila (Balhiya Pokhar), P.S.- Piyar, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sita Devi W/O Lala Babu Paswan R/O Village - Banua P.S. - Minapur District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, APP For the Informant :

Mr. Shanti Bhushan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Minapur P.S. Case No. 128 of 2024, instituted for the offences punishable under Sections 420, 376, 354B, 354C, 354D, 506/34 of the Indian Penal Code and Section 66(E) of the I.T. Act.

3. The prosecution case, in short, is that, the petitioner visited the house of the informant, drugged her with sweets and committed rape upon her while she was unconscious and also recorded her obscene video. It is further submitted that the petitioner blackmailed her with the video, extorted over Rs. 2 lakhs and demanded more under threat of making it viral.

Patna High Court CR. MISC. No.1356 of 2025(3) dt.08-04-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case as well as charge has been framed against the petitioner on 28.08.2024. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of about one and half months in lodging the FIR. It is further submitted that the informant is the Mami of the petitioner and she is a major married lady. Husband of the informant took a loan of Rs. 3 lakhs from the petitioner and when he demanded back the said amount, the petitioner was falsely implicated in this case. The petitioner is in custody since 03.06.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that there is specific allegation against the petitioner of committing rape upon the informant and recording her obscene video. It is further submitted that statement of the victim recorded under Section 164 of Cr.P.C. corroborates with the FIR. Hence, the petitioner does not deserve the privilege of bail.

Patna High Court CR. MISC. No.1356 of 2025(3) dt.08-04-2025 3/3

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected at this stage. The trial Court is directed to expedite the Trial expeditiously. (Rudra Prakash Mishra, J) Rajorshi/- U T