Created by Fuzzy Cloud

Patna High Court

Arvind KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court granted anticipatory bail to the appellant, setting aside the order of the Special Judge that had rejected the bail application.

Summary

The appellant Arvind Kumar was charged under multiple sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly forcibly entering a neighbour's house and attempting rape on 15 June 2022, along with caste-based abuse and threats. He sought anticipatory bail, which was initially rejected by the Special Judge, SC/ST (POA) Act, Muzaffarpur. The appellant argued that the allegations were false, the complaint was filed after a long delay, and no overt act was proven, contending that the SC/ST Act was inapplicable. The prosecution opposed the bail, maintaining the seriousness of the offences. The High Court, after considering the delay and lack of specific evidence, ordered that the appellant be released on bail upon surrender within eight weeks, setting aside the lower court’s order.

Issues considered

  • Whether anticipatory bail should be granted to the appellant under the IPC and SC/ST (Prevention of Atrocities) Act.
  • Whether the alleged acts constitute an offence under the SC/ST (Prevention of Atrocities) Act.
  • Whether the delay in filing the complaint affects the credibility of the prosecution's case.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • rape
  • Indian Penal Code
  • delay in filing
  • criminal appeal
  • bail bond

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1507 of 2026
                       Arising Out of PS. Case No.-52 Year-2025 Thana- SC/ST District- Muzaffarpur
                 ======================================================
                 Arvind Kumar Son of Devendra Sah @ Devendra Shah Resident of Village
                 -Taraura Gopalpur, Prahladpur Post- Mushhari PS -Mushhari, Distt
                 -Muzaffarpur

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Munni Kumari Wife of Gareebnath Kumar Resident of Village -Taraura
                 Gopalpur, PS -Mushhari, Distt -Muzaffarpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Kundan Kumar Ojha, Advocate
                 For the Respondent/s     :        Mr. Binay Krishna, Spl. Public Prosecutor
                 For the R. No. 2         :        Mr. Raju Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   02-07-2026                   Heard learned counsel for the appellant, respondent

                   no. 2 and the State.

                                2. This appeal has been filed against the order dated

                   02.02.2026 passed by learned Special Judge, SC/ST (POA) Act,

                   Muzaffarpur in ABP No. 3828 of 2025 arising out of SC/ST P.

                   S. Case No. 52 of 2025, registered under Sections 354, 354B,

                   452, 376, 511, 504, 506 of the Indian Penal Code and Section

                   3(1)(x)(r)(s) of Scheduled Castes and Scheduled Tribes

                   (Prevention of Atrocities) Act, whereby the prayer for

                   anticipatory bail of appellant has been rejected.

                                3. Informant alleges that on 15.06.2022 at about 10:15

                   PM, when informant was alone at her house, this appellant
Patna High Court CR. APP (SJ) No.1507 of 2026(3) dt.02-07-2026
                                             2/3




          forcibly entered the house and tried to commit rape with her. It

          is further alleged that appellant also abused the informant and

          by caste name and threatened to kill the her husband.

                       4. Learned counsel for the appellant submits that

          appellant is innocent and has committed no offence. Appellant

          and informant are next-door neighbours and he has been made

          accused in this case with an ulterior motive. For the same

          occurrence, Mushahir P. S. Case No. 40 of 2023 had already

          been lodged by the informant and after that, present case was

          lodged. Instant case has been lodged for the incidents, allegedly,

          took place on 15.06.2022, 04.12.2021 and 07.07.2022, however,

          the complaint was filed on 21.09.2023 and F.I.R. for the same

          was lodged on 03.07.2025, after much delay which itself raises

          doubt over veracity of the prosecution case. There is no

          allegation of any specific overt act against the appellant and the

          alleged incident took place inside the house of informant and

          not within the public view, as such, no case under SC/ST Act is

          made out against him.

                       5. Learned Spl. Public Prosecutor for the State as well

          as learned counsel for the respondent no. 2 vehemently opposed

          the bail application.

                       6. Considering the aforesaid facts, let the appellant, as
              Patna High Court CR. APP (SJ) No.1507 of 2026(3) dt.02-07-2026
                                                           3/3




                        named above, in the event of his arrest/surrender within a period

                        of eight weeks from today, be enlarged on bail on furnishing

                        bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of

                        the like amount each to the satisfaction of learned Special

                        Judge, SC/ST (POA) Act, Muzaffarpur arising out of SC/ST P.

                        S. Case No. 52 of 2025.

                                     7. Accordingly, this criminal appeal is allowed and

                        impugned order dated 02.02.2026 is set aside with respect to

                        this appellant only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.