Dhikal Kumar @ Sarjeet Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Dhikal Kumar @ Sarjeet Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail upon arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, POCSO, Rohtas, at Sasaram, subject to Section 482(2) BNSS, 2023 conditions.

Issue for consideration

Whether the petitioner should be granted anticipatory bail in connection with Dehri SC/ST Police Station Case No. 73 of 2024. +1 more

Court's answer

The anticipatory bail application was allowed: in the event of the petitioner's arrest or surrender before the Court below within four weeks, he is to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, POCSO, Rohtas, at Sasaram, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Ratio / Principle

Having regard to the parties' submissions, the six-day delay in lodging the FIR and the informant's explanation that she was away from home when informed of the occurrence (whereas the FIR's first part states she was asleep in the house with the victim girl), the circumstance that both parties are co-villagers, and the appearance of a dispute over payment for grocery items purchased from the petitioner's shop, the Court was inclined to grant the petitioner the privilege of anticipatory bail.

Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J.), oral order dated 13-05-2025, granted anticipatory bail to Dhikal Kumar @ Sarjeet Kumar in Dehri SC/ST Police Station Case No. 73 of 2024 (District Rohtas), in which he faces charges under Sections 126(2)/115(2)/76/333/352/351(2) of the Bhartiya Nyaya Sanhita, 2023, Sections 8/12 of the Prevention of Children from Sexual Offences Act, 2012 and Sections 3(I)(r)/3(i)(s)/3(1)(w)(I)/3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for the alleged night-time molestation of the informant's minor daughter and caste-name abuse. Weighing the six-day delay in lodging the FIR and the informant's explanation for it against her own account of being asleep at home during the occurrence, the parties' co-villager status and an apparent grocery-payment dispute, the Court directed release upon arrest or surrender within four weeks on a Rs. 10,000/- bail bond with two like sureties before the Exclusive Special Judge, POCSO, Rohtas, at Sasaram, subject to Section 482(2) BNSS, 2023 conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8149 of 2025

Arising Out of PS. Case No.-73 Year-2024 Thana- SC/ST District- Rohtas

======================================================

Dhikal Kumar @ Sarjeet Kumar S/o Dadan Singh R/o Village- Babhani, PostBahuara, P.S.- Dawath, District- Rohtas, Pin Code- 802216

... ... Petitioner/s

Versus

The State of Bihar

Reena Devi W/o Santosh kumar R/o village babhani Post Bahuara, P S Dawath, Dist- ROhtas pin-802216

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Rewti Kant Raman For the State : Ms. Usha Kumari 1 For Opposite Party No. 2: Mr. Vikas Kumar Jha ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

3 13-05-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dehri SC/ST Police Station Case No. 73 of 2024, dated 15.10.2024, disclosing offences punishable under Sections 126(2)/115(2)/76/333/352/351(2) of the Bhartiya Nyaya Sanhita, 2023, Sections 8/12 of the Prevention of Children from Sexual Offences Act, 2012 and Sections 3 (I) (r)/3(i) (s)/3 (1) (w) (I)/3(2) (Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The prosecution case, as per the First Information Report

Patna High Court CR. MISC. No.8149 of 2025(3) dt.13-05-2025 2/4

lodged by the Opposite Party No. 2, is that on 10.10.2024, while she was sleeping at her home at about 1 AM in the night, the petitioner entered into the house from the roof and molested her minor daughter, who was sleeping with the informant, started dragging the informant's daughter, torn her clothes and made her half naked. When her daughter started crying, the informant woke up and the petitioner ran away, threatening the informant and abusing her by taking her caste name.

Learned Counsel for the petitioner submits that the petitioner is 19 years of age and has been made accused in this case due to the dispute regarding payment of grocery items, which was purchased by the informant from the grocery shop of the petitioner. The informant took grocery items worth Rs. 500/- from the shop of the petitioner on the alleged date of occurrence and when the petitioner demanded the price and said that there was previous dues of Rs. 854/- and if the previous dues is cleared, only then he would give the items purchased by the informant worth Rs. 500/-. The list of purchased items along with its price is annexed by the petitioner as Annexure 2. He next submits that there is delay of six

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days in lodging the First Information Report. However, the reasons of delay given in the First Information Report by the informant is that she was not at her home and when she came back, she got information regarding the present occurrence.

On the other hand, learned Counsel for the informant opposes the prayer for anticipatory bail and submits that the victim girl has supported the allegation made in the First Information Report in her statements, under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there is six days’ delay in lodging the First Information Report and the informant has given the reasons for delay that she was not at her home and when she came back, she got information and then she lodged the present First Information Report; whereas in the first part of the First Information Report, she has specifically stated that on the alleged date of occurrence, she was sleeping in her house along with the victim girl and the petitioner entered into the house and tried to outrage the modesty of the victim

Patna High Court CR. MISC. No.8149 of 2025(3) dt.13-05-2025 4/4

girl, both the parties are co-villagers and their appears to be dispute regarding payment of purchased grocery items from the shop of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, POCSO, Rohtas, at Sasaram, in connection with Dehri SC/ST Police Station Case No. 73 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.)

Prabhakar Anand/-