Dilkhush Kumar @ Dilkhush Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37397 of 2025 Arising Out of PS. Case No.-60 Year-2023 Thana- BISFI District- Madhubani ====================================================== Dilkhush Kumar @ Dilkhush Kumar Yadav S/o Mangal Yadav, R/o VillageGodoul, P.S- Bisfi, Distt.- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Raj Kumar Yadav S/o Late Ram Sajjan Yadav, R/o Village- Godhaul, P.SBisfi, Distt.- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vakil Kumar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-11-2025 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in a case in connection with Bisfi P.S. Case No. 60 of 2023 dated 23.02.2023, registered for the offences punishable under Sections 341, 363, 366A, 504 and 506 read with Section 34 of the Indian Penal Code and under Sections 8 and 12 of POCSO Act.

3. As per the prosecution case, on 10.02.2023 at about 12:00 AM, the petitioner along with the co-accused persons came to the house of the informant and forcefully kidnapped the minor daughter of the informant for the purpose

Patna High Court CR. MISC. No.37397 of 2025(3) dt.07-11-2025 2/3 of solemnizing her marriage with the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. The victim in her statement recorded under Section 180 of the BNSS has stated that the petitioner forcefully put vermilion on her forehead with the assistance of his family members. However, the victim has stated that she was not forced or seduced to have illicit intercourse with another person. In fact, both the petitioner and the victim girl were in love with each other and used to visit each other's house. The petitioner has clean antecedent as mentioned in paragraph no. 3 of the bail application.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances as well as the nature of allegation against the petitioner, let the petitioner named-above, in the event of his arrest / surrender before the learned Court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.37397 of 2025(3) dt.07-11-2025 3/3 learned Additional Session Judge-VII-cum-Special Judge (POCSO Court), Madhubani, in connection with Bisfi P.S. Case No. 60 of 2023, subject to conditions as laid down under Section 482(2) of the BNSS, on further condition: (i) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. This application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T