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Patna High Court

RUPESH KUMARversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Rupesh Kumar, was arrested in connection with a gang‑rape of a minor, charged under Sections 103(1), 70(2), 66 and 3(5) of the B.N.S. and Sections 4 and 6 of the POCSO Act. The petitioner claimed he was falsely implicated, had no prior criminal record and had been in custody since 22‑06‑2025, offering to cooperate with the trial. The State opposed bail, relying on the petitioner’s self‑incriminatory statements, those of co‑accused, and CCTV footage placing him at the scene. The Court examined the seriousness of the offences, the evidential material and the risk of tampering with evidence, and concluded that bail could not be granted. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the accused in a gang‑rape case involving a minor under the POCSO Act and other statutes, considering self‑incriminatory statements and CCTV evidence

Legislation cited

Subjects

  • bail
  • gang rape
  • minor
  • POCSO Act
  • self‑incriminating statement
  • CCTV evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2808 of 2026
                 Arising Out of PS. Case No.-121 Year-2025 Thana- MAINATAND District- West Champaran
                 ======================================================
                 RUPESH KUMAR W/o- Wakil Sharma Resident of village- Ahirlwaliya
                 Lagunaha PS- Chautarwa District- West Champaran

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    XXX S/o- Ramchandra Sharma R/v- Langdi Bastha Ps- Mainatand Dist-
                 West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sujeet Kumar, Advocate
                 For the Opposite Party/s :      Ms.Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   31-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Mainatand P.S. Case No. 121/2025 registered for the offences

                   punishable under Sections 103(1), 70(2), 66 and 3(5) of B.N.S.

                   and Sections 4 and 6 of POCSO Act.

                                3. As per the prosecution case, petitioner and others

                   are accused of committing gang rape with the deceased who was

                   a minor.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has no criminal antecedent and
              Patna High Court CR. MISC. No.2808 of 2026(3) dt.31-03-2026
                                                          2/2




                        he is in custody since 22.06.2025. The petitioner undertakes to

                        co-operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner on the ground that apart from

                        the self-inculpatory statement of the petitioner and co-accused,

                        the presence of the petitioner has been recorded in the CCTV

                        footage.

                                     6. Considering the aforesaid facts, this Court is not

                        inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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