Dipak Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15375 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Dipak Kushwaha Son of Ram Bachan Kushwaha @ Rambachan Singh Resident of Village - Sawath, P.S. - Durgawati, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Bibha Devi Wife of Dinesh Tiwari Resident of Village - Sawath, P.S. - Durgawati, District - Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with POCSO Case No. 82 of 2024 arising out of Durgawati P.S. Case No. 122 of 2024 registered for the offence under Section 376 of the Indian Penal code and under Section 4 and 6 of the POCSO Act.

3. As per the prosecution case, the petitioner is accused of committing rape with a minor girl.

4. The petitioner is in jail since 2309.2024.

5. Learned counsel for the petitioner submits that the petitioner was in a relationship with the victim and he has

Patna High Court CR. MISC. No.15375 of 2025(5) dt.23-07-2025 2/2 not committed rape with her. In support of his submissions, learned counsel for the petitioner also relied upon the medical report.

6. Learned counsel for the State has vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the fact that the petitioner is accused of committing rape with a minor victim, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U