Patna High Court
Dilkhus Kumar @ Bhola Kumar @ Dilkush Kumar @ Dilkhush Kumar @BholaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 352, 64
- POCSO Act — s. 4, 6
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
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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.”
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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
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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
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