Patna High Court
Roffy Singh @ Roffy @ ChotuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal against the bail denial was dismissed, and the bail application was not granted.
Summary
The appellant, Roffy Singh, was convicted in a lower court for alleged gang rape under Sections 376(d), 120B and 34 of the Indian Penal Code and Sections 3(ii) and 3(2)(v) of the SC/ST (POA) Act. He filed a bail application which was rejected by the Exclusive Special Judge‑SC/ST (POA) Act, Gaya. The appellant appealed the bail denial before the Patna High Court, claiming innocence and wrongful implication. The State opposed the bail, emphasizing the gravity of the offences. The High Court, noting the seriousness of the charges, declined to interfere with the lower court’s order and dismissed the appeal, leaving the appellant in custody.
Issues considered
- Whether bail should be granted to an accused of gang rape and related offences under the IPC and SC/ST (POA) Act.
- Whether the seriousness of the alleged offences justifies denial of bail.
Legislation cited
- Indian Penal Code — s. 120B, 34, 376(d)
Subjects
- bail
- gang rape
- IPC
- SC/ST (POA) Act
- serious offence
- high court
- appeal
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1860 of 2025
Arising Out of PS. Case No.-626 Year-2023 Thana- BODHGAYA District- Gaya
======================================================
Roffy Singh @ Roffy @ Chotu S/O Late Suresh Singh R/O Mohalla-
Pachhatti, P.S- Bodhgaya, Distt.- Gaya (Bihar).
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Sonam Kumari D/O Suresh Das R/O Village- Dhangai, P.S- Dhangai, Dist.-
Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Awadhesh Kumar Singh
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-04-2026 Heard the parties.
2. The instant appeal has been filed by the appellant
against the order dated 9.9.2024 passed by the learned Exclusive
Special Judge-SC/ST (POA) Act, Gaya Ji whereby the bail
application of the appellant in connection with Bodh Gaya P.S.
Case No. 626 of 2023 registered for the offence under Sections
376(d), 120B/34 of the Indian Penal Code and under Sections
3(ii), 3(2)(v) of SC/ST (POA) Act, was rejected.
3. The appellant and others are accused of
committing gang rape with the victim.
4. The appellant is in custody since 28.08.2024.
5. Learned counsel for the appellant has submitted
Patna High Court CR. APP (SJ) No.1860 of 2025(5) dt.23-04-2026
2/2
that the appellant is innocent and has falsely been implicated in
this case.
6. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
7. Considering the seriousness of the offence in which
the appellant has participated, this Court is not inclined to
interfere with the impuged order.
8. Accordingly, this appeal stands dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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