Dismissed

Rupam Kumar v. the State of Bihar

Patna HC12 Jul 2019CR. APP (SJ)/895/2019

Case brief

AI extract

What is this about?

In this criminal appeal under the SC/ST Act, the Patna High Court considered a bail petition filed by an appellant charged with rape and other offences. The court rejected the appellant's claim of false implication and lack of corroboration, holding that the appellant did not deserve bail.

What did the court decide?

Prayer for bail of the appellant was rejected and the criminal appeal was dismissed.

Rupam Kumar Vs the State of Bihar — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.895 of 2019

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Arising Out of PS. Case No.-267 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj

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======================================================

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RUPAM KUMAR S/O- Lal Mohan Rai, Resident of village- Chutha Pakaha, P.S.- Baikhuntpur, District- Gopalganj.

... ... Appellant/s

Versus

THE STATE OF BIHAR

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Mritunjay Prasad Singh For the Respondent/s : Mr.Binay Krishna

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======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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4 12-07-2019

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Heard learned counsel for the appellant and

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learned Spl. PP for the State.

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This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 10.01.2019 passed by learned 1^st Addl. Sessions Judge, Gopalganj in Baikhunthpur P.S. Case No. 267 of 2018 registered under Sections 376(B)(F)(r)/34 of the Indian Penal Code, Sections 4, 6, 8 and 10 of the POCSO Act and Sections 3(i)(r) (w)(2)(VA) of the SC/ST Act.

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When the informant arrived at the shop of Kedar Sah for purchasing box, he took her inside the shop and bolted it from outside. Thereafter two accused persons namely Rupam Kumar and Durgesh Kumar, present in the shop committed rape

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Patna High Court CR. APP (SJ) No.895 of 2019(4) dt.12-07-2019 2/3

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against her in turn.

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It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. There is contradiction between the fardbeyan of the informant and her statement recorded under Section 164 Cr.P.C. regarding number of accused persons and the person committing rape against her. As as per the fardbeyan, two accused persons namely Rupam Kumar and Durgesh Kumar were present inside the shop and committed rape against her but in the statement recorded under Section 164 Cr.P.C. she has stated that Rupam Kumar was present inside the shop and he committed rape against her. Medical examination also does not corroborate the occurrence of rape. Appellant has no criminal antecedent and has been languishing in custody since 12.10.2018.

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On the other hand, learned Spl. PP for the State vehemently opposing the bail petition submitted that there is specific allegation of committing rape against the minor girl by the appellant. Though there is some contradiction between the fardbeyan of the informant and her statement recorded under Section 164 Cr.P.C. regarding number of accused persons and the person committing rape against her, but the victim in her

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Patna High Court CR. APP (SJ) No.895 of 2019(4) dt.12-07-2019 3/3

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statement under Section 164 Cr.P.C. has candidly stated that the appellant Rupam Kumar has committed rape against her inside the shop after bolting the same from outside by Kedar Sah. Witnesses in the case diary have also stated about divulgence of the factum of committing rape against her by the appellant, by the informant to them immediately after the occurrence. Hence the appellant does not deserve bail.

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In the facts and circumstances of the case, I am not inclined to enlarge the appellant on bail. Prayer for bail of the appellant is rejected.

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Accordingly, this appeal is dismissed.

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(Prakash Chandra Jaiswal, J)

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mantreshwar/-

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U T

Rupam Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rupam Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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