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Patna High Court

Dinesh Sahani @ Dinesh KumarversusThe State of Bihar

Decided
Disposal
REJECTED

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

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


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