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Patna High Court

Dilip Kumar @ Deelip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner subject to monetary and procedural conditions.

Summary

Dilip Kumar was arrested in connection with a case involving alleged kidnapping, rape and sexual exploitation of a minor under Sections 376(3), 366(A), 34 of the IPC and Sections 4 and 7 of the POCSO Act. An earlier anticipatory bail application had been dismissed as withdrawn. The petitioner argued that he was falsely implicated, had no prior criminal record, and that the FIR and statements showed inconsistencies and that the victim had voluntarily accompanied the main accused. The State opposed bail. Considering the lack of specific allegations against the petitioner, the filing of the charge‑sheet and the circumstances of his custody, the Court granted bail on a cash bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance in court.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC and POCSO Act
  • Whether the petitioner’s alleged false implication and lack of specific charges warrant bail
  • Effect of the earlier withdrawn anticipatory bail on the present bail application

Legislation cited

Subjects

  • bail
  • IPC
  • POCSO Act
  • kidnapping
  • rape
  • false implication
  • anticipatory bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64333 of 2025
                    Arising Out of PS. Case No.-16 Year-2024 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
                 Dilip Kumar @ Deelip Kumar Son of Late Manoj Kumar @ Manoj Prasad @
                 Shivnath Prasad R/o Village - Salempur, P.S. - Sidhwaliya, District -
                 Gopalganj.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Babita Devi Wife of Aash Narayan Ram R/o Village - Salempur, P.S. -
                 Sidhwaliya, District - Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Devashish Giri, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   02-02-2026             Heard Mr. Devashish Giri, learned counsel for the

                   petitioner and Ms. Renu Kumari, learned APP for the State.

                           2.      The petitioner seeks bail in connection with

                   Sidhwaliya P.S. Case No. 16 of 2024 instituted for the offence

                   under Sections 376(3), 366(A) & 34 of the Indian Penal Code

                   and Sections 4 & 7 of the POCSO Act. Vide order dated

                   28.04.2025, passed in Cr. Misc. No. 20035 of 2025, anticipatory

                   bail of the petitioner was dismissed as withdrawn.

                           3.       The present FIR has been instituted pursuant to the

                   direction of the learned Special POCSO Court on a complaint

                   alleging that the minor victim was kidnapped by the accused

                   persons in furtherance of a criminal conspiracy, forcibly taken to
Patna High Court CR. MISC. No.64333 of 2025(4) dt.02-02-2026
                                            2/3




          Jaipur, subjected to threats, assault and sexual exploitation under

          the guise of a sham marriage, and later returned to the village

          under pressure.

                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 02.07.2025. Petitioner

          bears no criminal antecedents, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case solely on account of being an agnate of the main accused,

          despite long-standing separation and no active role in the

          alleged offence. The FIR and subsequent statements themselves

          show that the victim voluntarily accompanied the main accused

          and no allegation of sexual assault is attributed to the petitioner,

          whose role is at best omnibus and contradictory. The inordinate

          and unexplained delay in lodging the complaint, coupled with

          material inconsistencies between the FIR, Section 161 and

          Section 164 Cr.P.C. statements, clearly demonstrates false

          implication after deliberation. Charge sheet has already been

          submitted in this case.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.
           Patna High Court CR. MISC. No.64333 of 2025(4) dt.02-02-2026
                                                       3/3




                             7.      Considering the aforesaid facts and circumstances

                     of the case, period of custody of the petitioner, there being no

                     specific allegation against the petitioner and charge-sheet being

                     submitted, this Court is inclined to grant bail to the petitioner.

                             8.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sidhwaliya P.S. Case

                     No. 16 of 2024, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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