Dismissed¶22

Deepak Kumar v. The State of Bihar

Patna HC1 May 2025CR. APP (SJ)/653/2025

Case brief

AI extract

What is this about?

Bail rejection; SC/ST (Prevention of Atrocities) Act Section 14(A)(2) appeal; gang rape IPC 376 D; cheating IPC 420; criminal intimidation IPC 506/34; Section 3(2)(va) SC/ST (POA) Act 1989; Paraiya P.S. Case No. 173 of 2022, Gaya; video-blackmail extortion Rs. 2,00,000; judicial custody since 17.11.2024; direction for early conclusion of trial; Patna High Court; Chandra Prakash Singh, J.; decided 01-05-2025.

What did the court decide?

Bail refused: considering the facts and circumstances of the case and the specific allegation levelled against the petitioner, the Court was not inclined to grant bail and rejected the bail prayer in connection with Paraiya P.S. Case No. 173 of 2022, pending before the Exclusive Special Court Judge, SC/ST Act (PoA), Gaya. ¶22

Deepak Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the appellant should be released on bail in Paraiya P.S. Case No. 173 of 2022 (offences u/ss 376 D, 420, 506/34 IPC read with Section 3(2)(va) of the SC/ST (POA) Act, 1989), in an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against rejection of his bail prayer.

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Court's answer

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Ratio / Principle

The court below was directed to conclude the trial of the appellant at the earliest.

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Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), Criminal Appeal (SJ) No. 653 of 2025, decided 01-05-2025. Appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by Deepak Kumar against rejection of his bail prayer by order dated 18.01.2025 of the Special Judge, SC/ST (POA) Act, Gaya, in Paraiya P.S. Case No. 173 of 2022 (dated 08.06.2022), registered for offences punishable u/ss 376 D, 420, 506/34 IPC read with Section 3(2)(va) of the SC/ST (POA) Act, 1989. Prosecution case: in December 2021 co-accused Hemanti Devi took the informant from Gaya to Patna, where the appellant ravished her while the co-accused made a video; she was further ravished by one Sunil Kumar under threat of making the video viral, and Rs. 2,00,000/- was extorted by blackmail. Appellant in judicial custody since 17.11.2024 with clean antecedents; defence urged false implication, delay of about six months in lodging the FIR, attribution of the video-making allegation to co-accused, and absence of medical report; the State opposed citing the specific allegation of gang rape and extortion. Held: bail rejected; trial court directed to conclude the trial at the earliest.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.653 of 2025

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Arising Out of PS. Case No.-173 Year-2022 Thana- PARAIYA District- Gaya

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

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Deepak Kumar Son of Anil Kumar Rai Resident of Mohalla - Laxminia @ Lakshminia, Ward No.6, P.S. - Kishanpur, District - Supaul, Bihar

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... ... Appellant/s

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Versus

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The State of Bihar

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Sima Devi Wife of Shrawan Paswan Resident of Village - Tanti, P.S. - Paraiya, District - Gaya

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Ms. Rupa Kumari, Advocate For the Respondent/s : Mrs. Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 01-05-2025

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Heard learned counsel for the appellant and learned counsel for the informant as well as learned Special Public Prosecutor for the State.

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This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the rejection of prayer for bail vide order dated 18.01.2025 passed by the learned Court of Special Judge, SC/ST (POA) Act, Gaya in connection with Paraiya P.S. Case No. 173 of 2022 dated 08.06.2022 registered for the offence/s punishable u/ss 376 D, 420, 506/34 of the Indian Penal Code read with Section 3(2)(va) of the SC/ST (POA) Act, 1989.

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As per the prosecution case, in the month of

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Patna High Court CR. APP (SJ) No.653 of 2025(4) dt.01-05-2025 2/3

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December 2021, the co-accused Hemanti Devi took the informant to Gaya for shopping and went to the railway station and then took her to Patna. When the informant objected to the same, she said that they would return by evening. Upon reaching Patna, she took her to a house where one Deepak, was waiting and he started misbehaving with her. There were three persons in the room. Upon protest, she was threatened by pistol. Thereafter, the co-accused asked the informant to do as she is asked. Deepak Kumar (appellant) ravished her and the coaccused was making video of the ravishment. Thereafter, the coaccused took her to Usewa village and showed her the video she had made regarding the ravishment. She also gave her mobile number to one Sunil Kumar of Usewa Village who also ravished her by threatening to make the video viral. The co-accused Hemanti Devi and Sunil Kumar also extorted Rs. 2,00,000/from the victim/informant by blackmailing to make the video viral.

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Learned counsel for the appellant has submitted that the appellant is innocent and has falsely been implicated in this case. There is a delay of about six months in lodging the FIR. The allegation of making video and make it viral are against the co-accused persons. There is no medical report to show that the

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Patna High Court CR. APP (SJ) No.653 of 2025(4) dt.01-05-2025 3/3

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informant was raped by the appellant and the co-accused. The appellant is in judicial custody since 17.11.2024 having clean antecedent.

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Learned APP for the State has vehemently opposed the bail petition of the petitioner and submits that there is specific allegation of committing gang rape and extort money from the informant against the appellant and the other coaccused person.

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Considering the aforesaid facts and circumstances of the case as well as the specific allegation levelled against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Paraiya P.S. Case No. 173 of 2022, pending in the Court of learned Exclusive Special Court Judge, SC/ST Act (PoA), Gaya.

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Learned court below is directed to conclude the trial of the appellant at the earliest.

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(Chandra Prakash Singh, J)

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khushbu/-

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U T

Deepak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak 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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Procedural history

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