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Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The appeal is dismissed and the refusal of bail under Section 14(A)(ii) of the SC/ST Act is affirmed.

Summary

The appellant, Dilkhush Kumar, was charged with raping a minor girl under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2016. The FIR, filed on 3 September 2025, alleged the offence occurred on 25 January 2025, showing a nine‑month delay. The victim’s statement under Section 183 of the Bihar Negotiable Sale Act, 2023, and a medical report confirming pregnancy and her age as about 17, supported the prosecution’s case. The appellant sought regular bail under Section 14(A)(ii) of the SC/ST Act, claiming a clean record and that the FIR was fabricated to force a marriage. The Special Judge refused bail, and the appellant appealed. The Patna High Court, after considering the victim’s testimony, medical evidence, and the seriousness of the offence, upheld the lower court’s refusal of bail and dismissed the appeal.

Issues considered

  • What is the applicability of Section 14(A)(ii) of the SC/ST Act in granting regular bail to an accused charged with rape of a minor?
  • Whether the delay in filing the FIR and the alleged motive affect the bail decision under the SC/ST Act.

Subjects

  • rape
  • minor victim
  • Scheduled Castes and Scheduled Tribes Act
  • regular bail
  • Section 14(A)(ii)
  • delay in FIR
  • medical evidence
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.271 of 2026
                        Arising Out of PS. Case No.-174 Year-2025 Thana- SARSI District- Purnia
                 ======================================================
                 Dilkhush Kumar Son of Ajay Yadav @ Ajay Kumar Yadav Resident of
                 Village- Bahora PS- Sarsi District -Purnea

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Pato Kumari Daughter of Shukdeo Paswan Resident of Village- Bahora
                 Fatak, Wad no. 09, PS- Sarsi District -Purnea

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Deepak Kumar Singh, Advocate
                 For Respondent No.2     :        Mr. Rakesh Kumar Jha, Advocate
                 For the Respondent/s    :        Mr.Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   08-04-2026                   Heard Mr.Deepak Kumar Singh, learned counsel for

                   the appellant, Mr.         Rakesh Kumar Jha, learned counsel for

                   respondent No.2 and Mr.Binay Krishna, learned Spl.P.P. for the

                   State.

                               2. This is an appeal under Section 14(A)(ii) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 2016 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for regular bail vide order

                   dated 03.12.2025 passed by the learned A.D.J.1st-cum-Special

                   Judge, SC/ST (POA) Act, Purnea in Spl. SC/ST. Case No.156

                   of 2025 arising out of Sarsi P.S. Case No.174/2025, F.I.R. dated

                   04.09.2025 registered under Sections 64(1)of BNS and Section
Patna High Court CR. APP (SJ) No.271 of 2026(3) dt.08-04-2026
                                             2/3




          3(1)(w)(i)(ii),3(2)(v)of the Scheduled Castes and Scheduled

          Tribes (Prevention of Atrocities) Act.

                       3. Allegation against the appellant is that he

          committed rape upon the victim.

                       4. Learned counsel for the appellant submits that the

          appellant has clean antecedent. The allegation as alleged in the

          FIR is false and fabricated and the appellant has not committed

          any offence as alleged in the FIR. Further submits that from a

          bare perusal of the FIR it appears that the date of occurrence as

          alleged in the FIR is 25.01.2025 but the present FIR has been

          instituted on 03.09.2025 after delay of about 09 months without

          giving any explanation of delay only to pressurize the appellant

          to perform the marriage with the victim.

                       5. Learned counsel for the informant and learned Spl.

          P.P. for the State, on the basis of the material available on the

          record and the case diary, have vehemently opposed the prayer

          for bail of the appellant and submits that the statement of the

          victim was recorded under Section 183 of BNSS, 2023 in which

          she has fully supported the case of the prosecution and she has

          stated that the appellant has committed rape upon her, apart

          from that, the medical report of the victim suggests that on the

          date of the medical examination she was pregnant and the
               Patna High Court CR. APP (SJ) No.271 of 2026(3) dt.08-04-2026
                                                            3/3




                         Doctor has assessed the age of the victim is about 17 years

                         which suggests that on the date of occurrence the victim was

                         minor.

                                      6. Considering the facts and circumstances of the

                         case, victim has supported the case of the prosecution, apart

                         from that, the medical report also confirms the allegation as

                         alleged in the FIR, I am not inclined to enlarge the appellant on

                         bail in connection with Spl. SC/ST. Case No.156 of 2025 arising

                         out of Sarsi P.S. Case No.174/2025 pending in the court of

                         learned A.D.J.1st-cum-Special Judge, SC/ST (POA) Act,

                         Purnea.

                                      7. Prayer is refused.

                                      8. Accordingly, the impugned order is affirmed and

                         this appeal stands dismissed.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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