Dinesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55797 of 2025 Arising Out of PS. Case No.-211 Year-2025 Thana- TRIVENIGANJ District- Supaul ====================================================== Dinesh Sharma S/O Bhagwat Sharma R/O Parashi, Ward No. 12, P.S.- Triveniganj, District-Supaul.
... ... Petitioner/S
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Triveniganj P.S. Case No. 211/2025, registered for the offence under Sections 126(2), 115(2), 352, 351(2), 64(1) & 3(5) of BNS Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 01.05.2025.
4. The allegation against the petitioner is to commit rape upon the informant on 07.04.2025 at about 11:00 AM alongwith other co-accused persons, while she was cutting grass in maize field. It is also alleged that the video of occurrence was captured by accused persons and, thereafter she was blackmailed for sex on several occasions.
5. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.55797 of 2025(3) dt.17-11-2025 2/3 submitted that the informant is the married lady, aged about 30 years old and the husband of the informant is the co-sharer of the property with petitioner and due to property dispute, making informant instrumental, the present false case was lodged. It is submitted that upon medical examination nothing incriminating surfaced which may suggest that the rape was committed upon the informant as alleged. It is submitted that the allegation qua capturing video and also to commit rape alongwith accused persons is just only to aggravate the allegation. It is submitted that in a very planned and formulated manner the present FIR was lodged and same is apparent as for the occurrence dated 07.04.2024 the present FIR was lodged on 30.04.2025 i.e. after 23 days without any just explanation.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual submissions and by taking note of fact as FIR in issue appears to be lodged after about 23 days of the occurrence, where petitioner claimed co-sharer and property dispute with husband of the informant, coupled with the fact that investigation of this case is already completed, where petitioner being man of clean antecedent, remains in custody since 01.05.2025 accordingly, petitioner above named, is directed to be released on bail in connection with Triveniganj P.S. Case No.
Patna High Court CR. MISC. No.55797 of 2025(3) dt.17-11-2025 3/3 211/2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1stSupaul/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. (Chandra Shekhar Jha, J) veena/- U T