Patna High Court
Om Shankar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner with conditions, finding no sufficient ground to deny bail.
Summary
Om Shankar Sah applied for regular bail in a case registered under Sections 69, 352 and 351(2) of the Bihar Negotiable (B.N.S.) for alleged forcible entry, threat, and establishing a physical relationship on a false promise of marriage. The informant, a 21‑year‑old woman, claimed the petitioner entered her house on 12‑Nov‑2025 and threatened her, while also stating she did not wish to marry him, creating contradictory statements. The petitioner contended he was a major at the time, had no criminal antecedent, and that there was no material evidence of a false promise of marriage. The State and the informant opposed bail, citing the seriousness of the offences and the petitioner’s alleged disrespect of a Panchayat verdict. After reviewing the record, the court found the contradictions and lack of prior record sufficient to grant bail, subject to a Rs.10,000 bond, two sureties, and a condition that the petitioner not contact or malign the informant or her family.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 69, 352 and 351(2) of the B.N.S.
- Whether the contradictions in the informant’s statements affect the merit of the bail application
- Whether the petitioner’s lack of prior criminal record warrants bail despite the seriousness of the allegations
Legislation cited
- Bihar Negotiable (B.N.S.) — s. 351(2), 352, 69
- Bihar Negotiable (B.N.S.S.) — s. 183
Subjects
- bail
- criminal procedure
- Sections 69, 352, 351(2)
- false promise of marriage
- sexual assault
- Panchayat
- contradictory statements
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18298 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- AANDAR District- Siwan
======================================================
Om Shankar Sah S/O Ram Suresh Sah Resident of vill- Hatta Jamalpur, P.S-
M.H Nagar Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumari Anupam, Advocate
For the State : Mr. Chandra Bhushan Prasad, APP
For the informant : Mr. Bijay Prakash Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 04-05-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Andar P.S. Case No. 312
of 2025 registered for the offences punishable under Sections
69, 352 and 351(2) of the B.N.S.
3. As per the prosecution case, the informant, who
claims to be about 21 years of age, has stated that she entered
into a relationship with the petitioner out of love, and thereafter
both of them started interacting regularly. It is alleged that the
petitioner established a physical relationship with the informant
on the false pretext of marriage. It has further been alleged that,
on 12.11.2025, the petitioner forcibly entered the house of the
informant and tried to establish a physical relationship with her,
and threatened her for dire consequences. It is further alleged
Patna High Court CR. MISC. No.18298 of 2026(4) dt.04-05-2026
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that a Panchayat was convened between the parties, and the
petitioner refused to marry.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that, admittedly, the
petitioner was a major on the alleged date of occurrence, and
there is no material to indicate that there was any false promise
of marriage. According to the FIR, the informant has alleged
that she lodged the case as the petitioner was not agreeable to
the marriage; however, in her statement recorded under Section
183 of the B.N.S.S., she has stated that she does not wish to
marry the petitioner. It has also been submitted that the
statements appear to be self-contradictory, as the allegations in
the written report of the informant and her statement under
Section 183 of the B.N.S.S., have both been made by herself.
Lastly, it has been submitted that the petitioner has got no
criminal antecedent and is in custody since 15.11.2025.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner. Learned counsel for the informant has submitted
that the petitioner established a physical relationship on the false
pretext of marriage and also tried to enter her house and
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establish a physical relationship with her, but she was
fortunately saved. It has further been submitted that the
petitioner did not respect the verdict of the Panchayati held
between the parties and there are strong materials against the
petitioner.
6. Heard the parties and perused the record, the
petitioner above-named is directed to be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Siwan, in connection with Andar P.S.
Case No. 312 of 2025, with condition(s):-
(i) It is directed that the petitioner shall
never contact the informant or her family members,
nor malign their reputation publicly. It is further
clarified that if any application is filed in violation
of the aforementioned condition, the informant
shall be at liberty to file an appropriate application
for the cancellation of the petitioner’s bail bonds.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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