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Patna High Court

Om Shankar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
              Patna High Court CR. MISC. No.18298 of 2026(4) dt.04-05-2026
                                                          3/3




                        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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