Dismissed

Dharmendra Sahani v. The State of Bihar

Patna HC9 Mar 2022CR. MISC./3139/2022

Case brief

AI extract

What is this about?

This is an oral order rejecting the petitioner's second prayer for bail in a gang rape case. The court noted the trial is estimated to conclude within one year and declined to consider the application, though liberty to renew after one year was granted.

What did the court decide?

Bail application rejected; liberty granted to renew the prayer for bail after one year if the trial does not show progress.

Dharmendra Sahani Vs The State of Bihar — Bail and Remand | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3139 of 2022

¶2

Arising Out of PS. Case No.-598 Year-2019 Thana- MINAPUR District- Muzaffarpur

¶3

======================================================

¶4

DHARMENDRA SAHANI Son of Fakira Sahani Resident of Konhama Chhittarpatti, P.S.- Meenapur, District- Muzaffarpur.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar Bihar

¶8

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Shashi Bhushan Singh For the Opposite Party/s : Mr.Atul Chandra ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶11

3 09-03-2022

¶12

Heard Mr. Shashi Bhushan Singh, learned counsel for

¶13

the petitioner and Mr. Atul Chandra, learned counsel for the State.

¶14

Petitioner renews his prayer for bail in connection with Sessions Trial No. 107 of 2021 arising out of Meenapur P.S. Case No. 598 of 2019, G.R. No. 6434 of 2019 registered for the offence under Section 376 (D) of the I.P.C. and Section 67 / 67-A of the I.T. Act.

¶15

While rejecting the bail application of the petitioner by order dated 11 – 11 – 2020 passed in Cr. Misc. No. 24136 of 2020 on merit this court had given him liberty to renew his prayer for bail after one year if the trial does not show any progress.

¶16

It is a case of gang rape in which the petitioner and

¶17

Patna High Court CR. MISC. No.3139 of 2022(3) dt.09-03-2022 2/2

¶18

one other accused person have been made accused.

¶19

This court vide its order dated 02.02.2022 has called

¶20

for a report regarding the present stage of the trial and in pursuance thereof the report has been furnished by learned 15^th Addl. District & Sessions Judge, Muzaffarpur vide letter no. 60 dated 08 / 02 / 2022 and from perusal of the same it appears that charge has been framed against the petitioner and bailable warrant has been issued to the witnesses for their presence and the learned trial court has given estimated time for conclusion of the trial within one year. Since it is a case of gang rape, I am not inclined to consider the application for bail moved by the petitioner for the 2^nd time.

¶21

Accordingly, the same is rejected.

¶22

However, the petitioner may renew his prayer for bail after one year if the trial does not show any progress.

¶23

(Anil Kumar Sinha, J)

¶24

praful/-

¶25

U T

Dharmendra Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharmendra Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sudhir Ranjan Vs The State of Bihar

Munni Devi Vs the State of Bihar

Bajrangi Singh Vs The State of Bihar

Raushan Kumar @ Roushan Kumar Vs The State of Bihar

Jagarnath Teli @ Lalak Teli @ Jagar Nath Teli Vs The State of Bihar

Rajesh Paswan @ Kishore Paswan Vs the State of Bihar