Created by Fuzzy Cloud

Patna High Court

Dilkhus Kumar @ Bhola Kumar @ Dilkush Kumar @ Dilkhush Kumar @BholaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The provisional bail was cancelled due to the petitioner's non‑cooperation, and the application for regular bail was dismissed.

Summary

The petitioner, Dilkhus Kumar, was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and sections 4 and 6 of the POCSO Act for allegedly blackmailing and coercing a pregnant 18‑year‑old victim. He applied for regular bail, having earlier been granted provisional bail for six weeks on 16‑03‑2026. The petitioner failed to cooperate with the court, did not appear for the next hearing, and appeared to have lost interest in the proceedings. Consequently, the High Court cancelled the provisional bail and ordered the petitioner to surrender within a week. The court also dismissed the regular bail application, allowing the petitioner to approach the lower court for a fresh bail application, while emphasizing that its observations were prima facie and not on the merits.

Issues considered

  • Whether the provisional bail granted to the petitioner can be cancelled on account of his non‑cooperation and failure to appear before the court
  • Whether the petitioner is entitled to regular bail in a POCSO case despite the circumstances

Legislation cited

Subjects

  • bail
  • provisional bail
  • regular bail
  • POCSO
  • sexual offences
  • blackmail
  • non‑cooperation
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15668 of 2026
                     Arising Out of PS. Case No.-148 Year-2025 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Dilkhus Kumar @ Bhola Kumar @ Dilkush Kumar @ Dilkhush Kumar
                 @Bhola S/o Ashok Mandal Resident of village - Chauhatta, Police Station -
                 Kishanpur, District - Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    xxxx yyyy R/o vill and Post - Chauhatta, ward no. 9, P.S.- Kishanpur, Distt.-
                 Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun .
                 For the Opposite Party/s :       Mr. Nawal Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   12-05-2026                   Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   POCSO Case No. 153 of 2025 arising out of Kishanpur P.S.

                   Case No. 148 of 2025 registered for the offence under Sections

                   126(2), 115(2), 64, 352, 351(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                 3. On 28.04.2026, the following order was passed in

                   this case:-

                                                Heard learned counsel for the parties.
                                             2. On 16.03.2026, this Court had passed
                                   the following order:-
                                                    Heard learned counsel for the petitioner
                                              and learned Additional Public Prosecutor for
Patna High Court CR. MISC. No.15668 of 2026(4) dt.12-05-2026
                                            2/4




                                   the State.
                                         2. The petitioner seeks bail in
                                   connection with POCSO Case No. 153/2025
                                   arising out of Kishanpur P.S. Case No.
                                   148/2025 registered for the offences
                                   punishable under Sections 126(2), 115(2), 64,
                                   352, 351(2), 3(5) of B.N.S. and Sections 4/6 of
                                   POCSO Act.
                                         3. As per the prosecution case,
                                   informant America Devi (victim’s mother)
                                   reported that on 15.07.2025, her 18-year-old
                                   daughter was found 6 months pregnant. The
                                   daughter alleged the petitioner established
                                   physical relations 2 years ago using
                                   photos/videos as blackmail. The petitioner’s
                                   family attempted abortion and threatened the
                                   informant.
                                          4. Learned counsel for the petitioner
                                   submits that petitioner is innocent and has
                                   falsely been implicated in the present case.
                                   Learned counsel further submits that
                                   petitioner is ready to marry the victim with
                                   whom he had established relationship.
                                   Petitioner has clean antecedent and he is in
                                   custody since 25.09.2025. The petitioner
                                   undertakes to co-operate in the case/ trial.
                                          5. Learned APP for the State has
                                   opposed the prayer for regular bail of the
                                   petitioner.
                                         6. Considering the facts and
                                   circumstances of the case, let the petitioner,
                                   above named, be released on provisional bail
                                   for a period of six weeks from today on
                                   furnishing bail bonds of Rs. 10,000/- (Ten
                                   Thousand) with two sureties of the like
                                   amount each to the satisfaction of the learned
                                   District and Addl. Sessions Judge-cum-
                                   Special Judge, POCSO Act, Supaul
                                   /concerned Court below in connection with
                                   POCSO Case No. 153 of 2025 (arising out of
                                   Kishanpur P.S. Case No. 148/2025). On the
                                   next date of hearing, the petitioner will file an
                                   affidavit regarding whether he has married
                                   the victim or not.
                                          7. List this case after six weeks.”
Patna High Court CR. MISC. No.15668 of 2026(4) dt.12-05-2026
                                            3/4




                                     3. Today, learned counsel for the
                          petitioner has submitted that he has no instructions
                          from the petitioner in the matter.
                                    4. It seems that the petitioner after
                          obtaining provisional bail from this Court, he has
                          lost interest in the matter and is avoiding the
                          Court.
                                      5. In these circumstances, the provisional
                          bailgranted to the petitioner vide order dated
                          16.03.2026 is hereby cancelled. He is directed to
                          surrender in the Court below within one week from
                          today, failing which, the Superintendent of Police,
                          Supaul will take all steps for arresting the
                          petitioner.
                                      6. Let a copy of this order be
                          communicated to the Superintendent of Police,
                          Supaul, forthwith through FAX or e-mail for its
                          compliance.
                                       7. List this case after two weeks.


                       4 The learned counsel for the petitioner submits that

          the victim is not ready to marry the petitioner.

                       5. In the circumstances, this application is dismissed,

          with liberty to the petitioner to approach the court below and

          seek regular bail. If any such application is filed, the court

          below shall hear the informant/victim and pass an appropriate

          order in accordance with law.

                       6. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations
            Patna High Court CR. MISC. No.15668 of 2026(4) dt.12-05-2026
                                                        4/4




                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.