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Patna High Court

Shashikant Kumar @ Shashikant MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Shashikant Kumar, was accused of raping a woman and threatening her brother under Sections 64 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. He sought anticipatory bail, arguing that the FIR was lodged five months after the alleged incident, there was no medical evidence of sexual assault, and he had prior contact with the informant, suggesting a false allegation. The prosecution opposed the bail, but the court noted the unexplained delay, lack of medical proof, the petitioner’s clean antecedent, and the prior communications between the parties. Considering these factors, the court was inclined to grant anticipatory bail. The order released the petitioner on bail upon furnishing a bond of Rs. 10,000 with two sureties and imposed conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted in a rape case where the FIR is delayed and there is no medical evidence.
  • Whether the prior contact between the petitioner and the informant undermines the credibility of the allegation.
  • Whether the petitioner’s clean criminal record warrants bail despite serious charges.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • delay in FIR
  • medical evidence
  • false allegation
  • Criminal Procedure
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29158 of 2026
                    Arising Out of PS. Case No.-61 Year-2025 Thana- MAHILA P.S. District- Madhubani
                 ======================================================
                 Shashikant Kumar @ Shashikant Mahto Son of Rajendra Mahto Resident of
                 Village - Kaithahi, Police Station - Rajnagar, District - Madhubani.
                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Md. Soban Asghar, Advocate
                                                  Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   17-06-2026                          Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Madhubani Mahila P.S. Case No. 61 of 2025,

                   F.I.R dated 15.10.2025 registered for the offences punishable

                   under Sections 64, 351(2) of the Bharatiya Nyaya Sanhita, 2023.

                                3. According to prosecution case, when the mother of

                   the informant went for singing in marriage ceremony, the

                   petitioner entered in the house of the informant and forcibly

                   raped the informant by closing her mouth with clothes. Further,

                   the petitioner has threatened that if she discloses the matter, he

                   will kill the brother of the informant. According to doctor, the

                   victim is pregnant.

                                4. Learned senior counsel for the petitioner submits

                   that the false allegation of rape has been levelled against this

                   petitioner for malicious reasons and the occurrence is said to
Patna High Court CR. MISC. No.29158 of 2026(3) dt.17-06-2026
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          have taken place on 20th of May, 2025 as stated in the FIR while

          the FIR has been instituted on 15.10.2025, almost after five

          months of the alleged occurrence, which clearly shows that

          there has been an afterthought and a ploy to implicate this

          petitioner and there is no plausible explanation for such delay.

          It has next been submitted that during course of investigation, it

          has cropped up that the informant and this petitioner were in

          contact, which is evident from the C.D.R. which has been

          placed in the case diary, which shows that the informant was

          constantly in touch with this petitioner since 06.04.2025 and this

          fact has been concealed by the informant, while recording her

          statement under Section 183 of the B.N.S.S., and these material

          facts are missing. It has next been submitted that as per

          allegations the pregnancy has also been terminated and there is

          no material to show that the informant was ever pregnant except

          the allegations of physical relations having been established. As

          per, Para 42 of the case diary which is the conclusion of the

          Medical Board which goes to show that there is no medical

          evidence of sexual assault found at the time of examination. The

          learned senior counsel for the petitioner further submits that the

          petitioner is innocent and has not committed any offence as

          alleged in the FIR and he has been falsely implicated in this
Patna High Court CR. MISC. No.29158 of 2026(3) dt.17-06-2026
                                            3/4




          case. The petitioner has got clean antecedent.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts that there is

          unexplainable delay in lodging the F.I.R. i.e., after five months

          from the date of alleged incident, according to the Medical

          Board, there is no medical evidence of sexual assault found at

          the time of examination, and the fact that the petitioner and the

          informant were in touch from before, the petitioner has got no

          criminal antecedent, this Court is inclined to grant the privilege

          of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the Court of learned District & Additional

          Sessions Judge-V, Madhubani, in connection with the aforesaid

          P.S. Case, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure / Section 482(2) of

          the Bhartiya Nagarik Suraksha Sanhita and with other following

          conditions:-
           Patna High Court CR. MISC. No.29158 of 2026(3) dt.17-06-2026
                                                       4/4




                                                                  (i) one of the bailors should
                                                     be the family member/relative/known
                                                     of the petitioner(s) who shall provide
                                                     official document/personal affidavit to
                                                     show his/her bona fide;
                                                                  (ii) the petitioner(s) shall
                                                     appear on each and every date before
                                                     the Trial Court and failure to do so for
                                                     two      consecutive          dates    without
                                                     plausible            reason     will    entail
                                                     cancellation of his/her/their bail bond
                                                     by the Trial Court itself;
                                                                  (iii) the petitioner(s) shall in
                                                     no way try to induce or promise or
                                                     threat the witnesses or tamper with the
                                                     evidences, failing which the State
                                                     shall be at liberty to take steps for
                                                     cancellation of the bail bonds;
                                                                  (iv) the petitioner(s) shall
                                                     desist from committing any criminal
                                                     offence again, failing which the State
                                                     shall be at liberty to take steps for
                                                     cancellation of their bail bonds.



                                                                                   (Ajit Kumar, J)
suryadev/rajan

U      T


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