Patna High Court
Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 354, 354B, 376, 452, 504, 506, 511
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(x)(r)(s)
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
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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
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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/-
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