Patna High Court
Deepu Kumar @ Dipu Kumar @ BittuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the bail application, refusing to grant regular bail to the petitioner.
Summary
The petitioner, Deepu Kumar, was charged under Section 376(G) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act for allegedly raping a minor. He has been in custody since 22 April 2023, and the trial is reportedly near completion with only a medical expert yet to be examined. The petitioner’s counsel sought regular bail, arguing that the remaining stage of the trial is minimal. The court examined the seriousness of the offence and the nature of the evidence. Concluding that the circumstances did not warrant release, the court refused bail and dismissed the application. The order is limited to the bail application and does not prejudice the merits of the underlying criminal case.
Issues considered
- Whether regular bail should be granted to an accused of rape of a minor under IPC 376(G) and POCSO Act Sections 4 and 6, considering the stage of trial.
Legislation cited
- Indian Penal Code — s. 376G
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- regular bail
- POCSO
- rape of minor
- IPC 376G
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21394 of 2026
Arising Out of PS. Case No.-203 Year-2023 Thana- BELAGANJ District- Gaya
======================================================
Deepu Kumar @ Dipu Kumar @ Bittu S/o Satish Kumar R/o Village -
Simara, P.S - Belaganj, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXXXX D/o YYY R/o Village - Simara, P.S - Belaganj, District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with POCSO Case No. 106 of
2023 arising out of Belaganj P.S. Case No. 203 of 2023
registered for the offence under Sections 376(G) of the Indian
Penal Code and under Sections 4 and 6 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of committing rape upon the victim, who is a minor.
4. The petitioner is in custody since 22.04.2023.
5. Learned counsel for the petitioner, very fairly,
submits that trial is on the verge of completion and only doctor
is left to be examined.
Patna High Court CR. MISC. No.21394 of 2026(2) dt.30-04-2026
2/2
6. Considering the aforesaid facts, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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