Deepak Kumar @ Dipak Kumar v. The State of Bihar

Patna HC4 May 2026CR. MISC./83904/2025

Case brief

AI extract

What is this about?

Regular bail — kidnapping of minor girl — IPC ss. 363, 366A, 504, 376, 34 — POCSO Act ss. 4, 8 — victim statement u/ss 161/164 Cr.P.C. — medical report: no sexual assault found — no criminal antecedent — in custody since 26.09.2025 — bail bond Rs. 10,000 with two like sureties — Additional Sessions Judge-VI-cum-Spl. Court POCSO, Samastipur — Patna High Court, Crl. Misc. No. 83904 of 2025, decided 04-05-2026, Ashok Kumar Pandey, J.

What did the court decide?

Regular bail granted; petitioner to be released in connection with Dalsinghsarai P.S. Case No. 98 of 2023 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Spl. Court POCSO, Samastipur. ¶¶21

Deepak Kumar @ Dipak Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, arraigned for offences punishable under sections 363, 366A, 504, 376 and 34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act in Dalsinghsarai P.S. Case No. 98 of 2023, is entitled to regular bail.

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Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the court is inclined to enlarge the petitioner on bail.

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Ratio / Principle

The petitioner is directed to be released on bail in connection with Dalsinghsarai P.S. Case No. 98 of 2023 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Spl. Court POCSO, Samastipur.

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Detailed headnote1 paragraphs

Bail granted — Patna High Court (Ashok Kumar Pandey, J., 04-05-2026) in Criminal Miscellaneous No.83904 of 2025 enlarged petitioner Deepak Kumar @ Dipak Kumar on regular bail in Dalsinghsarai P.S. Case No. 98 of 2023, registered for offences under sections 363, 366A, 504, 376 and 34 IPC and Sections 4 and 8 of the POCSO Act, arising from the alleged kidnapping of the informant's minor daughter. Counsel for the petitioner relied on the victim's Sections 161/164 Cr.P.C. statements (ambiguity as to whom she was married; only role of taking away attributed to petitioner), the medical report finding no sexual assault, absence of criminal antecedent, and custody since 26.09.2025; the APP opposed. Considering the facts and circumstances, the court released the petitioner on bail on a bond of Rs.10,000/- with two like sureties before the Additional Sessions Judge-VI-cum-Spl. Court POCSO, Samastipur.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83904 of 2025

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Arising Out of PS. Case No.-98 Year-2023 Thana- DALSINGHSARAI District- Samastipur

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

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Deepak Kumar @ Dipak Kumar Son of Ram Naresh Rai @ Ram Naresh Ray Resident of Village- Sijauli, Ward no. 6, Ps- Dalsinghsarai, Dist- Samastipur

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... ... Petitioner/s

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Versus

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The State of Bihar bihar

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XXX Son Of YYY Resident of Village- Sijauli, Ward no. 6, PsDalsinghsarai, Dist- Samastipur

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ankit Kumar Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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8 04-05-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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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.

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The case of the prosecution is that the petitioner along with others has kidnapped the minor daughter of the informant.

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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

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Patna High Court CR. MISC. No.83904 of 2025(8) dt.04-05-2026 2/3

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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.

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Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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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

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Patna High Court CR. MISC. No.83904 of 2025(8) dt.04-05-2026 3/3

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Judge-VI-cum-Spl. Court POCSO, Samastipur.

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(Ashok Kumar Pandey, J)

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Shubham/-

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U T

Deepak Kumar @ Dipak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Kumar @ Dipak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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