Patna High CourtCR. MISC./3139/2022bail rejected

Dharmendra Sahani v. The State Of Bihar

2022-03-09Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3139 of 2022 Arising Out of PS. Case No.-598 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== DHARMENDRA SAHANI Son of Fakira Sahani Resident of Konhama Chhittarpatti, P.S.- Meenapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-03-2022 Heard Mr. Shashi Bhushan Singh, learned counsel for the petitioner and Mr. Atul Chandra, learned counsel for the State.

Petitioner renews his prayer for bail in connection with Sessions Trial No. 107 of 2021 arising out of Meenapur P.S. Case No. 598 of 2019, G.R. No. 6434 of 2019 registered for the offence under Section 376 (D) of the I.P.C. and Section 67 / 67-A of the I.T. Act.

While rejecting the bail application of the petitioner by order dated 11 - 11 - 2020 passed in Cr. Misc. No. 24136 of 2020 on merit this court had given him liberty to renew his prayer for bail after one year if the trial does not show any progress.

It is a case of gang rape in which the petitioner and

Patna High Court CR. MISC. No.3139 of 2022(3) dt.09-03-2022 2/2 one other accused person have been made accused. This court vide its order dated 02.02.2022 has called for a report regarding the present stage of the trial and in pursuance thereof the report has been furnished by learned 15th Addl. District & Sessions Judge, Muzaffarpur vide letter no. 60 dated 08 / 02 / 2022 and from perusal of the same it appears that charge has been framed against the petitioner and bailable warrant has been issued to the witnesses for their presence and the learned trial court has given estimated time for conclusion of the trial within one year. Since it is a case of gang rape, I am not inclined to consider the application for bail moved by the petitioner for the 2nd time.

Accordingly, the same is rejected.

However, the petitioner may renew his prayer for bail after one year if the trial does not show any progress. (Anil Kumar Sinha, J) praful/- U T