Patna High Court
Rupesh Ram @ Rupesh Kumar RamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should not be granted due to the seriousness of the allegations.
Summary
The petitioner, Rupesh Ram, was charged in Harsidhi Police Station Case No. 173 of 2024 for offences under Sections 341, 323, 376, 504 and 34 of the Indian Penal Code, including an alleged rape. He had been in custody since 12‑12‑2025 and applied for regular bail. Counsel for the petitioner argued that the FIR was lodged seven days after the incident and that the victim had not undergone a medical examination, contending his innocence. The court examined the seriousness of the allegations, noting the gravity of the rape charge and the procedural lapses, and concluded that these factors outweighed the bail considerations. Consequently, the bail application was dismissed, with the court clarifying that its observations were limited to this bail application and did not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused in a case involving alleged rape and other offences under the IPC.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 376, 504
Subjects
- regular bail
- rape
- Indian Penal Code
- seriousness of offence
- FIR delay
- medical examination
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11609 of 2026
Arising Out of PS. Case No.-173 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
Rupesh Ram @ Rupesh Kumar Ram S/o- Bikarama Ram @ Bikarma Ram
R/v- Pakadiya tola Kurba, W.No-16, Ps- harsidhi Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyesh Kumar
For the Opposite Party/s : Mr.Anita Kumari
Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection
with Harsidhi P.s. Case No. 173 of 2024 registered for the
offence under Sections 341, 323, 376, 504, 34 of the Indian
Penal Code.
3. As per the prosecution case, the petitioner is
accused of committing rape with the victim.
4. The petitioner is in custody since 12.12.2025.
5. Learned counsel for the petitioner has submitted
that the petitioner is innocent and the FIR has been registered
after seven days of the occurrence. He further submits that the
victim has not been medically examined.
Patna High Court CR. MISC. No.11609 of 2026(4) dt.27-04-2026
2/2
6. Considering the seriousness of the allegations
levelled against the petitioner, this Court is not inclined to grant
bail to the petitioner.
7. Accordingly, this application is dismissed.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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