Dismissed¶29

Deepak Ram v. The State of Bihar

Patna HC4 Apr 2025CR. MISC./9236/2025

Case brief

AI extract

What is this about?

Second regular bail application dismissed by Patna High Court (Sandeep Kumar, J) on 04-04-2025 in Cr. Misc. No. 9236 of 2025 arising from Buxar Industrial P.S. Case No. 262 of 2023 (S. 376 D IPC; S. 67(A) I.T. Act — alleged rape). Court refused to examine trial testimony, including the victim's contradictory statement, and relied on Supreme Court decision in X Vs. State of Rajasthan & Anr., 2024 SCC Online SC 3539. Earlier bail rejected 31.01.2024 in Cr. Misc. No. 3393 of 2024; petitioner in custody since 18.09.2023; trial directed to be expedited.

What did the court decide?

This Court declined to examine the statement of the victim or other witnesses who have deposed in the trial; trial testimony, including the victim's reportedly contradictory statement, was not assessed in deciding the fresh bail plea. ¶28

Deepak Ram Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9236 of 2025

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Arising Out of PS. Case No.-262 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar

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

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Deepak Ram S/O Late Butan Ram Resident of village - Patelwa, P.S- Buxar Industrial, District - Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Pradhan For the Opposite Party/s : Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 04-04-2025

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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This is the second attempt of the petitioner for grant of bail. Earlier his application was rejected vide order dated 31.01.2024 passed in Cr. Misc. No. 3393 of 2024.

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The following order was passed on 31.01.2024:

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

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2. The petitioner seeks bail in connection with Buxar Industrial P.S. Case No. 262 of 2023 registered for the offence under Section 376 D of the Indian Penal Code and under Section 67(A) of the I.T. Act.

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3. As per the prosecution case, the petitioner is alleged to have committed rape upon the victim girl.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that there is a delay of 3 days in lodging the FIR and therefore the

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Patna High Court CR. MISC. No.9236 of 2025(2) dt.04-04-2025 2/2

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allegation of the prosecution side is doubtful.

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5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 18.09.2023.

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6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail by contending that there is direct allegation against the petitioner of committing rape.

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7. Considering the aforesaid facts and the serious allegation of rape against the petitioner, this Court is not inclined to grant bail to the petitioner.

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8. Accordingly, the application of the petitioner for grant of regular bail is dismissed.

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9. The trial Court is directed to expedite the trial of the petitioner.”

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Learned counsel for the petitioner submits that in

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the trial, witnesses have been examined including the victim and she has made contradictory statement.

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This Court will not examine the statement of the victim or other witnesses who have deposed in the trial.

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In view of the judgment of the Hon’ble Supreme Court passed in the case of X Vs. State of Rajasthan & Anr. reported in 2024 SCC Online SC 3539, this application is dismissed.

¶30

(Sandeep Kumar, J)

¶31

Saif/-

¶32

U T

Deepak Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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