Patna High Court
Deepak Malakar @ Dipak MalakarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, denying the petitioner any relief.
Summary
The petitioner, Deepak Malakar, applied for bail in a case registered as Beldaur P.S. Case No. 84 of 2025, wherein he is accused of gang rape under Sections 70(23), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita and Section 4 of the POCSO Act. The prosecution alleged that the petitioner committed the offence and highlighted his two prior criminal antecedents. The petitioner has been in custody since 17‑03‑2025. The court examined the seriousness of the alleged sexual offences and the petitioner’s criminal history. Considering the heinous nature of the allegations and the antecedents, the court declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and the POCSO Act
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 351(2), 351(3), 352, 70(23)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- bail
- sexual offences
- gang rape
- POCSO Act
- Bharatiya Nyaya Sanhita
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1266 of 2026
Arising Out of PS. Case No.-84 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Deepak Malakar @ Dipak Malakar Son of Wakil Malakar Resident of Village
- Pinagra, Police Station - Beldour, District - Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mantun Malakar Son of Late Sakaldev Malakar R/o Village - Pirnagra, P.S. -
Beldour, Dist. - Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the State : Mr.Suresh Prasad Singh, APP
For the Informant : Mr. Aditya Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 25-03-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Beldaur P.S. Case No. 84 of 2025 registered for the offence
punishable under Sections 70(23), 352, 351(2), 351(3) of the
Bharatiya Nyaya Sanhita and Section 4 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of committing gang rape with the victim.
4. The petitioner is in custody since 17.03.2025
having two criminal antecedents.
5. Considering the heinous nature of allegation and
also the fact that the petitioner has two criminal antecedents, I
Patna High Court CR. MISC. No.1266 of 2026(4) dt.25-03-2026
2/2
am not inclined to grant bail to the petitioner.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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