Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 118(2), 126(2), 127(2), 74, 75
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
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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