High Court Patna High Court - Orders

Dinesh Sahani vs The State Of Bihar on 9 August, 2011

Patna High Court – Orders
Dinesh Sahani vs The State Of Bihar on 9 August, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.24337 of 2011
                             Dinesh Sahani S/o Dasai Sahani.
                                          Versus
                                  The State Of Bihar
                                        -----------

2 09.08.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for State assisted by

learned counsel for the informant.

Originally, informant filed complaint case which was

converted into Motihari Muffassil P.S. Case No. 220 of 2010.

There is specific allegation against petitioner that he alongwith

other accused committed rape upon the informant but

submission of learned counsel for petitioner is that the present

case has been brought by the informant on account of land

dispute and that is the reason one minor has been raped in this

case and the aforesaid minor was granted bail by learned

Principal Magistrate, Juvenile Justice Board, Motihari, East

Champaran. It is also pointed out by him that in course of

investigation except informant and her son, none of the

witnesses have supported the prosecution story rather they have

specifically stated that the informant is a lady of questionable

character. The aforesaid submission of learned counsel for the

petitioner appears to be corroborated by observations given by

learned 1st Additional District & Sessions Judge, East

Champaran, Motihari in his order dated 28.06.2011 passed in

B.P. No. 613 of 2011.

Accordingly, petitioner is directed to be released on
2

bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with

two sureties of the like amount each to the satisfaction of Chief

Judicial Magistrate, Motihari, East Champaran in connection

with Motihari Muffassil P.S. Case No. 220 of 2010.

Md. Ibrarul                                ( Hemant Kumar Srivastava, J.)