Patna High Court
Dinesh Sahani @ Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail could not be granted to the petitioner.
Summary
The petitioner, Dinesh Sahani, has been in custody since 4 January 2025 for offences under IPC sections 341, 323, 354, 366A, 504/34 arising from a 2018 FIR. He previously sought anticipatory bail in 2018, which was dismissed with a direction to surrender within four weeks; he failed to do so and remained absconding for about seven years before surrendering when proceedings under Sections 82/83 CrPC commenced. The State opposed bail, relying on the victim’s statement recorded under Section 164 CrPC/183 B.N.S.S, alleging rape of a minor and other serious offences. The court noted the seriousness of the allegations, the earlier refusal of bail, and the petitioner’s failure to surrender promptly, and therefore refused the bail application. The petition for bail was dismissed.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the seriousness of the offences, the victim's statement, and the petitioner’s prior non‑surrender?
- Does the petitioner have any fresh ground to seek bail after the earlier bail applications were rejected?
Legislation cited
- Criminal Procedure Code — s. 164, 82, 83
- Indian Penal Code — s. 323, 34, 341, 354, 366A, 504
- Protection of Children from Sexual Offences Act
Subjects
- bail
- anticipatory bail
- rape
- minor victim
- IPC
- CrPC
- non‑surrender
- exclusive special court
- POCSO
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30106 of 2026
Arising Out of PS. Case No.-351 Year-2018 Thana- KANTI District- Muzaffarpur
======================================================
Dinesh Sahani @ Dinesh Kumar S/o Gulichan Sahni R/O Village- Kalwari
Fatehpur, P.S- Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the State : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-05-2026 Heard Mr. Yugal Kishore, learned counsel for the
petitioner and Mr. Uday Pratap Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
04.01.2025, in connection with Sessions Trial Case No. 707 of
2025 arising out of Kanti P.S. Case No. 351 of 2018, F.I.R.
dated 18.06.2018 registered for the offences punishable under
Sections 341, 323, 354, 366A, 504/34 of the Indian Penal Code.
3. Earlier the prayer for bail of the petitioner was
rejected vide order dated 02.05.2025 in Cr. Misc. No. 22848 of
2025 and before the aforesaid case, the petitioner approached
this Hon’ble Court for grant of anticipatory bail in Cr. Misc. No.
69525 of 2018 but the same was dismissed vide order dated
Patna High Court CR. MISC. No.30106 of 2026(2) dt.07-05-2026
2/3
21.01.2019 with the liberty to the petitioner to surrender before
the learned Trial court within four weeks but the petitioner has
not chosen to surrender before the learned Trial court and he has
been absconding about 07 years and when the process under
Section 82/83 of the Cr. P.C. started then the petitioner
surrendered before the learned Trial Court.
4. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the statement of the victim was recorded under
Section 164 of the Cr. P.C./183 of the B.N.S.S. in which she has
categorically stated that the petitioner has committed rape upon
her and apart from that the petitioner had sold the victim in the
State of Uttar Pradesh and the date of birth of the victim
suggests that on the date of of occurrence, the victim girl was
minor.
5. Considering the nature of allegation in the F.I.R.
supported by the victim in her statement recorded under Section
164 of the Cr. P.C./183 of the B.N.S.S. and taking into account
earlier the bail petition of the petitioner was rejected as well as
petitioner has also not made a fresh ground, I am not inclined to
enlarge the petitioner on bail in connection with Sessions Trial
Case No. 707 of 2025 arising out of Kanti P.S. Case No. 351 of
Patna High Court CR. MISC. No.30106 of 2026(2) dt.07-05-2026
3/3
2018 pending in the Court of learned Exclusive Special Court
to deal with cases under the Rape & POCSO Act, Muzaffarpur.
6. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.