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
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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
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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.)