Dismissed¶22

Rupesh Kumar v. The State of Bihar

Criminal Miscellaneous – regular bail – repeated application

Patna HC13 May 2025CR. MISC./11360/2025

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What is this about?

Patna High Court, Criminal Miscellaneous No.11360 of 2025 (arising out of PS Case No. 239 of 2021, Thana Kashichak, District Nawada), decided 13-05-2025 by Ramesh Chand Malviya, J. Rupesh Kumar v. The State of Bihar and Kanti Devi. Regular bail sought in case under Sections 366(A) and 376(3)/34 IPC and Section 4 POCSO Act (rape on 16-year-old minor). Petitioner in custody since 11.11.2022; bail earlier rejected twice in Cr. Misc. No. 2462 of 2023 and Cr. Misc. No. 23304 of 2024 by Co-ordinate Benches. Held: no fresh ground to reconsider; bail rejected. No precedents cited.

What did the court decide?

There is no fresh ground to reconsider the petitioner's prayer for regular bail, the prayer having been rejected twice earlier; accordingly, the prayer for bail is rejected. ¶22

Rupesh Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11360 of 2025

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Arising Out of PS. Case No.-239 Year-2021 Thana- KASHICHAK District- Nawada

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Rupesh Kumar, aged about 25 years (Male) Son of Shri Dilip Singh, Resident of Birnawan, P.S. - Kashichak, District - Nawada

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... ... Petitioner/s

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Versus

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The State of Bihar

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Kanti Devi, aged about 50 years, wife of Jamun Mahto, a resident of village-Birnawan, P.S. Kashichak, District-Nawada.

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Mthilesh Kumar, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 13-05-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is in custody in a case registered for the offence punishable under Sections 366(A) and 376(3)/34 of the Indian Penal Code and Sections 4 of the POCSO Act.

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It is a case of committing rape by the petitioner upon the minor daughter, aged about 16 years, of the informant when she was out of the house for natural call in connivance with six other named accused persons.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that earlier the prayer for bail of this petitioner was

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Patna High Court CR. MISC. No.11360 of 2025(3) dt.13-05-2025 2/2

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rejected twice in Cr. Misc. No. 2462 of 2023 and Cr. Misc. No. 23304 of 2024 and he is in custody since 11.11.2022.

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Learned APP for the State opposes the prayer for bail of the petitioner and submits that earlier the prayer for bail of this petitioner was rejected twice by a Co-ordinate Benches of this Court.

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Accordingly, there is no fresh ground to reconsider the prayer for regular bail of the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected.

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(Ramesh Chand Malviya, J)

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Brajesh Kumar/- U T

Rupesh Kumar v. The State of Bihar

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Rupesh Kumar v. The State of Bihar

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