Patna High Court
DILIP KUMAR DEV @ DILIP PODDARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed anticipatory bail to the appellant, setting aside the lower court’s order of denial.
Summary
The appellant, Dilip Kumar Dev, was arrested in a case registered under IPC sections 376, 313, 504, 506/34 and the SC/ST (Prevention of Atrocities) Act, after his brother‑in‑law Vikash Kumar Poddar was alleged to have assaulted a woman who became pregnant. The appellant argued that he was not named in the FIR, that no specific overt act was alleged against him, and that the charges under the SC/ST Act required a direct participation which he lacked. The Sessions Judge had rejected his anticipatory bail application. On appeal, the Patna High Court examined whether the lack of a specific allegation against the appellant precluded bail. Finding that the accusations were general and that the appellant had a clean antecedent, the Court granted bail on condition of surrender within eight weeks and set aside the lower court’s order for the appellant alone.
Issues considered
- Whether anticipatory bail can be granted to an accused not specifically named in the FIR under IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the general allegation of assault under the SC/ST Act suffices to justify denial of bail in the absence of specific participation by the appellant.
Legislation cited
- Indian Penal Code — s. 313, 34, 376, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- IPC
- SC/ST Act
- rape
- caste based assault
- bail conditions
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2439 of 2022
Arising Out of PS. Case No.-6 Year-2022 Thana- MAHILA P.S. District- Purnia
======================================================
Dilip Kumar Dev @ Dilip Poddar S/O Sri Mahaveer Poddar Resident of
Professor Colony, Rambag Ward No.- 31, P.S.- Sadar, District- Punera.
... ... Appellant/s
Versus
1. The State of Bihar
2. Mamta Kumari W/O Sri Vikash Kumar, D/O Late Mahaveer Paswan
Resident of Rani mandir Tola, Gulabbagh, P.S.- Sadar, District- Purnea
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amit Kumar Anand, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 09-04-2026 Despite valid service of notice, none appears on
behalf of the respondent no. 2.
2. Heard learned counsel for the appellant and the
State.
3. This appeal has been filed against the order dated
28.06.2022 passed by learned 1st Additional Sessions Judge-
cum-Special Judge (SC/ST), Purnea in ABP No. 51 of 2022
arising out of Mahila P.S. Case No. 06 of 2022 registered under
Sections 376, 313, 504, 506/34 of the Indian Penal Code and
Section 3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellant has been rejected.
Patna High Court CR. APP (SJ) No.2439 of 2022(4) dt.09-04-2026
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4. As per prosecution case, co-accused Vikash Kumar
Poddar developed friendship with the informant through
Facebook and established physical relation with her. When
informant became pregnant and asked him to marry, all the
F.I.R. named accused persons assaulted her and abused by caste
name.
5. Learned counsel for the appellant submits that
appellant is not named in the F.I.R. and specific accusation of
establishing physical relation is against co-accused Vikash
Kumar Poddar. Allegation of assault is general and omnibus.
Appellant has been made accused in this case merely because he
is brother-in-law of co-accused Vikash Kumar Poddar and there
is absolutely no allegation of any specific overt act against the
appellant. It is not the case of informant that any member of
public was present at the place of occurrence and as such, no
case under SC/ST Act is made out against him. Appellant claims
clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the aforesaid facts, let the appellant, as
named above, in the event of his arrest/surrender within a period
of eight weeks from today, be enlarged on bail on furnishing
Patna High Court CR. APP (SJ) No.2439 of 2022(4) dt.09-04-2026
3/3
bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of learned 1st Additional
Sessions Judge-cum-Special Judge (SC/ST), Purnea in ABP No.
51 of 2022 arising out of Mahila P.S. Case No. 06 of 2022.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 28.06.2022 is set aside with respect to
this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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