Patna High Court
Deepak Kumar @ Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Criminal Procedure Code — s. 161, 164
- Indian Penal Code — s. 34, 363, 366A, 376, 504
- Protection of Children from Sexual Offences Act — s. 4, 8
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
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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/-
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