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Patna High Court

Deepak Kumar @ Dhiru Paswan @ Deepak PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was not granted to the petitioner.

Summary

The petitioner, Deepak Kumar, was charged in Mahila Police Station Case No. 67 of 2025 for offences including kidnapping, assault, and offences under the POCSO Act. The prosecution alleged that the petitioner, along with two others, kidnapped the victim, and the victim’s statement under Section 183 supported these allegations. The petitioner applied for bail, having been in custody since 6 June 2025. The court examined the gravity of the offences, the victim’s corroborating statement, and the seriousness of the charges. Considering these factors, the court declined to grant bail. The application was dismissed, with the court noting that its observations were limited to the bail application and did not prejudice the trial’s merits.

Issues considered

  • Whether bail should be granted to the petitioner in light of the seriousness of the offences and the victim's statement.

Legislation cited

  • BNS — s. 115(2), 137(2), 3(5), 352, 75(1)(i), 75(1)(ii), 96
  • POCSO Act — s. 12, 8

Subjects

  • bail
  • kidnapping
  • POCSO
  • sexual offences
  • criminal procedure
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69864 of 2025
                     Arising Out of PS. Case No.-67 Year-2025 Thana- MAHILA PS District- Darbhanga
                 ======================================================
                 Deepak Kumar @ Dhiru Paswan @ Deepak Paswan S/o Binod Kumar
                 Paswan @ Binod Paswan R/o Mohalla - Allapatti, P.S - Benta, District -
                 Darbhanga

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    X W/o - Y R/o Village - Allalpatti, P.S - Town, District - Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajit Ranjan Kumar
                 For the Opposite Party/s :       Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   30-03-2026                      Heard the parties.

                                    2. The petitioner seeks bail in connection with

                   Mahila P.S. Case No. 67 of 2025 registered for the offence

                   under Sections 137(2), 96, 75(1)(i), 75(1)(ii), 3(5), 115(2) and

                   352 of the BNS and under Section 8 and 12 of the POCSO Act.

                                3. As per the prosecution case, three persons including

                   the petitioner are said to have kidnapped the victim.

                                4. The petitioner is in custody since 6.6.2025 and the

                   victim, in her statement made under Section 183 of the BNSS

                   has supported the allegations levelled against the petitioner.

                                5. In view of the aforesaid and considering the gravity

                   of the offence, this Court is not inclined to grant bail to the
          Patna High Court CR. MISC. No.69864 of 2025(5) dt.30-03-2026
                                                      2/2




                    petitioner.

                                  6. Accordingly, this application is dismissed.

                                  7. 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 express

                    any opinion on the merits of the case.



                                                                  (Sandeep Kumar, J)
Vikas/-

U


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