Deepak Kumar @ Dipak Kumar v. The State Of Bihar

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, PsDalsinghsarai, 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 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 2/3 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 3/3 Judge-VI-cum-Spl. Court POCSO, Samastipur.

(Ashok Kumar Pandey, J) Shubham/- U T