Patna High Court
Shambhu DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Shambhu Das, was arrested in connection with a case registered under multiple IPC sections including 420, 467, 468, 406, 376, 323, 504 and 506, alleging that he raped a married woman under the pretext of marriage. The petitioner claimed innocence, asserting that the sexual relationship was consensual and that he was falsely implicated. The victim, a divorced lady, admitted to a love relationship with the petitioner but also alleged rape. The State opposed bail, citing the seriousness of the offences. After considering the facts, the court ordered the release of the petitioner on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to his cooperation in the trial.
Issues considered
- Whether regular bail should be granted in a case involving alleged rape and other serious offences under the IPC
- Whether the alleged consensual nature of the relationship negates the seriousness of the charges
Legislation cited
- Indian Penal Code — s. 323, 376, 406, 420, 467, 468, 504, 506
Subjects
- regular bail
- rape
- consent
- IPC
- Section 376
- Section 420
- criminal procedure
- West Champaran
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69715 of 2025
Arising Out of PS. Case No.-351 Year-2021 Thana- CHANPATIA District- West Champaran
======================================================
Shambhu Das S/o Late Jamadar Das R/o village- Chiran Chak, Chanpatiya,
P.S.- Chanpatiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 05-02-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Chanpatia P.S. Case No. 351 of 2021,
registered for the offences punishable under Sections 420, 467,
468, 406, 376, 323, 504, 506 of IPC.
3. As per allegation, the petitioner committed rape
upon the informant at the pretext of marriage.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. The victim is a married lady. She, in her statement
recorded under Section 183 of the BNSS, has stated that her
divorce was taken place and she was residing in her hut. She
Patna High Court CR. MISC. No.69715 of 2025(5) dt.05-02-2026
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alleged that the petitioner allured her for marriage and
committed sexual relation. He has submitted further that the
physical relation between the petitioner and the victim was
consensual. The petitioner is under custody since 09.07.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. The victim is a married and divorced lady. She
herself admitted the story of love and affection with the
petitioner.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Judge, Rape and POCSO Act, Bettiah, West Champaran
in connection with Chanpatia P.S. Case No. 351 of 2021, str.
No. 498 of 2025, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as
and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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