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Patna High Court

Dipesh Kumar @ Dipesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail application, directing the petitioner to be released on bail upon furnishing the required bond and sureties.

Summary

The petitioner, Dipesh Kumar, was arrested in connection with a case registered under multiple sections of the B.N.S. and the POCSO Act, alleging that he confined a girl and was involved in a sex racket. The victim’s statement recorded under Section 183 of the B.N.S.S. indicated that no video was made and no sexual act occurred. The petitioner denied the allegations and argued that he had been in custody since 07-08-2025 and was already on bail in another case. The State opposed the bail application, citing the seriousness of the offences. Considering the victim’s statement, the period of custody, and the nature of the allegations, the Court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, and the application was allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the B.N.S. and POCSO Act
  • Whether the victim’s statement under Section 183 B.N.S.S. affects the bail decision

Legislation cited

  • B.N.S. — s. 115(2), 126(2), 127(2), 144, 351(2), 351(3), 352, 75
  • POCSO Act — s. 12, 6, 8

Subjects

  • regular bail
  • POCSO
  • sexual exploitation
  • Section 183
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90862 of 2025
                       Arising Out of PS. Case No.-135 Year-2025 Thana- NIRMALI District- Supaul
                 ======================================================
                 Dipesh Kumar @ Dipesh Yadav S/O Inder Yadav @ Upendra Yadav R/O Vil.-
                 Mahhua Ward 03,P.S- Nirmali,Dist.- Supaul

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX D/O Kedar Pandey R/O Vill.- Khaira Rampur,P.S- Khaira, Dist-
                 Chhapra at Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   19-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Even after valid service of notice upon O.P.

                   No.2 he has chosen not to appear before this Court.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Nirmali P.S. Case No.

                   135 of 2025 dated 06.08.2025 registered for the offences

                   punishable under Sections 126(2), 127(2), 115(2), 75, 144, 352,

                   351(2) and 351(3) of B.N.S. and Sections 6, 8 and 12 of POCSO

                   Act.

                                3. As per the prosecution case, the sister of the

                   informant, namely, Rani Kumari went out of the house at 03:00

                   PM and did not return till late night, search was made but even
Patna High Court CR. MISC. No.90862 of 2025(3) dt.19-03-2026
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          then she was not found. It is alleged that on 05.08.2025, the

          sister of the informant contacted at the mobile phone of her

          husband and messaged that this petitioner upon false pretext has

          called her at Nirmali Sipahi Chowk and has confined her in a

          room and has told to do bad work. The victim stated that upon

          refusal, the victim was assaulted and other girls were also in that

          joining room, the informant expressed that a sex racket was

          going on there and requested her to save her. Thereafter, the

          informant and her husband reached there and on the location of

          the mobile, the sister of the informant was traced.

                       4. Learned counsel for the petitioner submits that he

          denies the allegation as made in the FIR. On previous occasion

          case diary and statement of the victim girl under Section 183

          B.N.S.S. was called for, upon perusal of the same it transpires

          that the victim has categorically stated that no video was made

          and no bad work was done with her and she has went for the

          first time on that particular day. It is further submitted that the

          petitioner is in custody since 07.08.2025 and although he is

          accused in one case which is not of similar nature and he is on

          bail.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.
           Patna High Court CR. MISC. No.90862 of 2025(3) dt.19-03-2026
                                                       3/3




                                  6. Considering the facts and circumstances of the

                     case, statement of the victim girl recorded under Section 183 of

                     B.N.S.S. and the period of custody, the petitioner above-named,

                     is directed to be enlarged on bail on furnishing bail-bond of

                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of learned Court concerned,

                     Supaul in connection with Nirmali P.S. Case No. 135 of 2025.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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