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Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court rejected the petitioner's application for regular bail.

Summary

The petitioner, Dilkhush Kumar So, was arrested on 28 February 2025 in connection with a case alleging attempted rape and assault of a minor girl. He faced charges under Sections 126(2), 127(2), 118(1), 118(2), 109, 74 and 75 of the Bharatiya Nyaya Sanhita, 2023, and Sections 8 and 12 of the POCSO Act. The petitioner applied for regular bail, claiming innocence, while the State and the informant opposed the bail, stating that all prosecution witnesses had been examined. The court examined the seriousness of the offences, the evidence presented, and the risk of tampering with evidence. Concluding that the allegations were grave and the petitioner remained a flight risk, the court denied the bail application.

Issues considered

  • Whether regular bail should be granted to the petitioner accused of attempted rape and assault of a minor under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act

Legislation cited

Subjects

  • regular bail
  • rape
  • minor
  • POCSO Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76081 of 2025
                        Arising Out of PS. Case No.-36 Year-2025 Thana- Balwahat District- Saharsa
                 ======================================================
                 Dilkhush Kumar So of Arvind Rai @ Govind Rai R/o Village - Sakada
                 Paschim Paharpur, Ward no. 1, P.S.- Balwat, Dist. - Saharsa.

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Bihar
           2.    Awadh Kishore Rai Son of Late Punit Rai R/o Village - Sakada Paschim,
                 Ward no. 1, P.s. - Balwahat, Dist. - Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dinkar Kumar
                 For the Opposite Party/s :        Mr. Anil Kumar Singh No. 1
                 For the Informant        :        Mr. Sudhir Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   26-03-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Balwahat P.S. Case No. 36 of 2025 registered for the offence

                   under Sections 126(2), 127(2), 118(1), 118(2), 109, 74 and 75 of

                   the Bharatiya Nyaya Sanhita, 2023 and Section 8 and 12 of the

                   POCSO Act.

                                3. As per the prosecution case, the petitioner is

                   accused of trying to commit rape with a minor girl and before

                   that he is alleged to have brutally assaulted the minor girl.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.
            Patna High Court CR. MISC. No.76081 of 2025(3) dt.26-03-2026
                                                        2/2




                      Petitioner is in custody since 28.02.2025.

                                   5. Learned counsel for the State and the learned

                      counsel for the informant have vehemently opposed the bail

                      application. The learned counsel for the informant submits that

                      all the prosecution witnesses have been examined.

                                   6. Considering the aforesaid facts, this Court is not

                      inclined to grant regular bail to the petitioner. Accordingly, this

                      application for regular bail stands rejected.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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