Patna High Court – Orders
Dilip Kumar @ Dilip Yadav vs The State Of Bihar on 24 March, 2026
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5692 of 2023
Arising Out of PS. Case No.-37 Year-2022 Thana- SC/ST District- Gaya
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Dilip Kumar @ Dilip Yadav Son Of Madan Yadav Resident Of Village -
Naudiha, P.S. - Cherki, District - Gaya
... ... Appellant/S
Versus
1. The State Of Bihar
2. Dhaneshwari Kumari Wife Of Sri Kaushal Kumar Resident Of Village -
Andhwa, P.S. - Bodhgaya, District - Gaya
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ashok Kumar, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 24-03-2026
1. Heard learned counsel for the appellant and the
learned Special P.P. Mr. Sadanand Paswan. No one appears on
behalf of the respondent no.2.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 09.11.2023 passed by the learned Exclusive Special
Judge, SC/ST Act, Gaya in connection with SC/ST P.S. Case
No.37/2022, registered under Sections 147, 353, 354, 385, 504,
506, 34 of the Indian Penal Code as well as Sections 3(i)(r)(s)
(w) 3(2)(v-a) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.5692 of 2023(4) dt.24-03-2026
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3. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and the informant
alleges that appellant along with 20-25 unknown accused came
to the school on 16.08.2022 and started disturbing the classes
and made video of girls of class- 9th and 10th and abused the
maid, who was preparing mid day meal and also abused the
informant by taking caste name, next alleges that appellant
keeps coming to the school after 16th August and keeps abusing
her, for which, she complained to higher authorities.
4. Learned counsel submits that appellant has been
falsely implicated in the instant case by the informant, who is
headmistress of the government school. It is next submitted that
the date of occurrence is 16.08.2022 and the FIR came to be
instituted on 12.10.2022. It is further submitted that appellant is
Mukhiya and on 16.08.2022 he had gone to inspect the school,
when it was found that out of 500 students, only 61 students
were present and out of 16 teachers, only 10 teachers were
present and mid day meal was not prepared till 1.00 P.M., based
on the inspection report, the informant was suspended and
thereafter was proceeded departmentally and was inflicted with
a punishment of stoppage of one annual pay increment with
non-cumulative effect. It is next submitted that since an adverse
Patna High Court CR. APP (SJ) No.5692 of 2023(4) dt.24-03-2026
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report was submitted against the informant, hence the instant
false case came to be instituted. It is also submitted that even
police after threadbare investigation came to a considered
conclusion that appellant is innocent and thus submitted Final
Form No.13/2023 dated 12.02.2023 (Annexure-P/5) but then the
learned trial court in a mechanical manner differing with the
police report took cognizance. It is further submitted that when
one investigating agency after threadbare investigation came to
a considered conclusion that appellant is innocent, whether it
would be prudent for the Court to send the appellant to jail
based on an order of cognizance which came to be taken based
on the same police report which exonerated the appellant of the
allegation.
5. Learned Special Public Prosecutor opposes the
appeal and submits that since cognizance has been taken as such
prima facie case is made out, thus rigors of Section 18 of the
SC/ST Act shall apply.
6. After hearing the learned counsel for the parties, the
Court was inclined to release the appellant on anticipatory bail
but for the order of cognizance, as such, the appeal is disposed
of with a direction to the appellant to surrender before the
learned trial court on 15.04.2026 and the learned trial court shall
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consider the case of the appellant on the same day keeping in
mind the fact that police after investigation had exonerated the
appellant of the allegation as alleged in the FIR.
7. Accordingly, the appeal stands disposed of.
(Satyavrat Verma, J)
amit/-
U T