Patna High Court
DILIP KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Dilip Kumar, was arrested in connection with a kidnapping case (PS Case No.456/2025) that also alleged offences of kidnapping and rape under Sections 366A and 376 of the Indian Penal Code and offences under Sections 8 and 4 of the Protection of Children from Sexual Offences (POCSO) Act. He claimed that the allegations were false, asserting that the alleged victim had eloped with him and that he had a clean antecedent. The petitioner had been in custody since 21 July 2025 and undertook to cooperate with the trial. The State opposed the bail application. After considering the facts, the Court allowed the petition for regular bail, directing release on a bail bond of Rs.10,000 with two sureties of the same amount. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether regular bail should be granted to the accused in a case involving kidnapping, rape (Sections 366A, 376 IPC) and offences under the POCSO Act (Sections 8 and 4).
Legislation cited
- Indian Penal Code — s. 366A, 376
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- bail
- regular bail
- kidnapping
- rape
- POCSO Act
- IPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89038 of 2025
Arising Out of PS. Case No.-456 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
DILIP KUMAR Son of Chandra Das Resident of Village- Lalse Bigha, P.S.-
Kako, District- Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX Wife of Shambhu Das R/o Lalse Bigha, P.S.- Nagar, District- Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan Ray, Advocate
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 30-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Jehanabad P.S. Case No. 456/2025 registered for the offences
punishable under Sections 96 and 64(1) [366A & 376 of I.P.C.]
of B.N.S. and Sections 8 and 4 of POCSO Act.
3. As per the prosecution case, petitioner is alleged of
kidnapping the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that from the
statement of the victim, it appears that she has eloped with the
petitioner. Petitioner has clean antecedent and he is in custody
Patna High Court CR. MISC. No.89038 of 2025(4) dt.30-03-2026
2/2
since 21.07.2025. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge VI-cum-
Special Judge- POCSO Act, Jehanabad /concerned Court below
in connection with Jehanabad P.S. Case No. 456/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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