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Patna High Court

Deepak Kumar @ Dipak KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Deepak Kumar, was charged with kidnapping, alleged forced marriage, and sexual offences under sections 363, 366A, 504, 376, 34 of the IPC and sections 4 and 8 of the POCSO Act. The prosecution alleged that he, along with others, abducted the minor daughter of an informant and forced her into marriage and sexual intercourse. The petitioner claimed innocence, citing the victim’s statement under Sections 161 and 164 of the CrPC, which was ambiguous about the marriage, and a medical report that found no evidence of sexual assault. He also highlighted his clean criminal record and his continued custody since 26‑09‑2025. After hearing both sides, the Patna High Court found insufficient material to justify continued detention and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges of kidnapping and offences under the POCSO Act.

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO
  • minor
  • sexual assault
  • Criminal Procedure Code
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83904 of 2025
                 Arising Out of PS. Case No.-98 Year-2023 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Deepak Kumar @ Dipak Kumar Son of Ram Naresh Rai @ Ram Naresh Ray
                 Resident of Village- Sijauli, Ward no. 6, Ps- Dalsinghsarai, Dist- Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar bihar
           2.    XXX Son Of YYY Resident of Village- Sijauli, Ward no. 6, Ps-
                 Dalsinghsarai, Dist- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ankit Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

8   04-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 363, 366A,

                   504, 376 and 34 of the Indian Penal Code and Sections 4 and 8

                   of the POCSO Act.

                                3. The case of the prosecution is that the petitioner

                   along with others has kidnapped the minor daughter of the

                   informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that during course of
Patna High Court CR. MISC. No.83904 of 2025(8) dt.04-05-2026
                                            2/3




          investigation, the victim has given her statement recorded under

          Sections 161 and 164 of the Cr.P.C. wherein she has stated that

          she was taken away by the petitioner and others and she was

          forcibly married and also, she was subjected to sexual

          intercourse. From perusal of the statement of the victim, it

          transpires that it is not clear as to with whom, she was married.

          Only role attributed to this petitioner is that he along with others

          has taken away the minor daughter of the informant. From

          perusal of the medical examination report also, the doctor has

          not found any sexual assault on the person of the victim. A

          statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent. Moreover, he is

          languishing in judicial custody since 26.09.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Dalsinghsarai P.S. Case No. 98 of 2023 on furnishing bail bond

          of Rs.10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Additional Sessions
            Patna High Court CR. MISC. No.83904 of 2025(8) dt.04-05-2026
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                      Judge-VI-cum-Spl. Court POCSO, Samastipur.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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