Dinesh Sahani @ Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22848 of 2025 Arising Out of PS. Case No.-351 Year-2018 Thana- KANTI District- Muzaffarpur ====================================================== Dinesh Sahani @ Dinesh Kumar S/o Gulichand Sahani Resident of VillageKalwari Fatehpur, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kumar, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 04.01.2025, in connection with Kanti P.S. Case No. 351 of 2018, FIR dated 18.06.2018 registered for the offence under Sections 341, 323, 354, 366(A), 504 and 4 of the Indian Penal Code.
3. As per prosecution story, the petitioner along with other accused persons assaulted the informant and when the informant's daughter protested the same, they also assaulted the daughter of the informant and forcibly took her from her house.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has
Patna High Court CR. MISC. No.22848 of 2025(3) dt.02-05-2025 2/3 falsely been implicated in this case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. Apart from that it appears from the F.I.R. that the date of occurrence is 16.06.2018 but the present F.I.R has been instutted on 18.06.2018 after delay of two days.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that it appears from the F.I.R. that the petitioner is named in the F.I.R. and he has been absconding since 2018 and after seven years, he has surrendered himself after seven years of absconding and apart from that it appears from the impugned order itself that the statement of the victim was recorded under Section 164 of Cr.P.C. in which she has stated that the petitioner had committed rape upon her and apart from that the petitioner has sold the victim in the State of U.P. and the date of birth of the victim suggests that on the date of occurrence, the victim girl was minor.
6. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with Kanti P.S. Case No. 351 of 2018 pending in the Court of Spl. Judge POCSO,
Patna High Court CR. MISC. No.22848 of 2025(3) dt.02-05-2025 3/3 Court No. II, Muzaffarpur.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Jyoti Kumari/- U T