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Patna High Court

Shivshankar Sah @ BhagatversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court rejected the petitioner's regular bail application, allowing a re‑application after six months if the trial is not concluded.

Summary

The petitioner, Shivshankar Sah, sought regular bail in a case registered under Sections 117(2), 64 and 351(2) of the B.N.S., 2023, alleging that he performed exorcism and was accused of raping a six‑month‑pregnant woman. The prosecution contended that the petitioner, under the pretext of exorcism, raped the victim on two occasions and left a bite mark on her chest, which was corroborated by the victim’s statements recorded under Sections 180 and 183 of the BNSS and a medical examination report. The petitioner’s counsel argued that he was falsely implicated, highlighted a seven‑day delay in filing the FIR, claimed the parties had compromised the matter, and emphasized his clean criminal record and custodial status since 1 July 2025. The State’s counsel refuted the compromise claim, maintained the victim’s consistent testimony, and explained the FIR delay as due to the victim’s illiteracy. After hearing both sides, the Court declined to grant bail at this stage, directing that the petitioner may renew his bail application after six months if the trial remains pending, and consequently rejected the regular bail prayer.

Issues considered

  • Whether bail should be granted to the accused in a rape case under Sections 117(2), 64 and 351(2) of the B.N.S., 2023.
  • Whether the seven‑day delay in lodging the FIR warrants bail.
  • Whether a compromise between the parties affects the grant of bail.

Legislation cited

Subjects

  • bail
  • rape
  • exorcism
  • FIR delay
  • compromise
  • medical evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80889 of 2025
                   Arising Out of PS. Case No.-113 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur
                 ======================================================
                 Shivshankar Sah @ Bhagat Son of Vindeshwar Sah @ Bindeshwar Sah
                 Village- Madhaipur PS -Siwaipatti Dist- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X Wife of Sukindra Ray Resident of village- Bariyarpur, Ps- Tariyani, Dist-
                 Sheohar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   17-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Siwaipatti P.S. Case No. 113 of 2025 registered for the

                   offence punishable under Sections 117(2), 64, 351(2) of the

                   B.N.S., 2023.

                                3. The case of the prosecution, in short, is that the

                   petitioner is practicing exorcism and that the informant was

                   having pain in her shoulder and stomach. She was also six

                   months pregnant. She, along with her husband, went to the

                   petitioner. It is alleged that the husband was kept at some far

                   place and the petitioner, in the garb of exorcism, committed rape
Patna High Court CR. MISC. No.80889 of 2025(3) dt.17-03-2026
                                            2/3




          on two days.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that on the second occasion, the petitioner

          gave tooth bite on the chest of the informant. He also submits

          that from perusal of the FIR, it is clear that the occurrence is

          from 20.06.2025 to 22.06.2025, whereas the FIR has been

          lodged on 30.06.2025. There is a delay of seven days in lodging

          the FIR, and the delay is not explained. He also submits that due

          to the invention of the well-wishers, parties have compromised

          the case and a compromise petition has been filed in the learned

          trial court. He further submits that a statement has been made in

          para 3 of the petition that petitioner has no criminal antecedent

          and he is languishing in judicial custody since 01.07.2025.

                       5. The application for bail is vehemently opposed by

          the learned counsel for the informant and the learned APP for

          the State. Learned counsel for the informant has submitted that

          the parties have compromised the case. During the course of the

          investigation, the victim has given her statement before the

          police recorded under Sections 180 and 183 of the BNSS,

          wherein she has supported the case of the prosecution and has
           Patna High Court CR. MISC. No.80889 of 2025(3) dt.17-03-2026
                                                       3/3




                     specifically stated that the petitioner has committed rape with

                     her and has given her tooth bite on the chest. From perusal of

                     the medical examination report also, it will transpire that the

                     doctor conducting the medical examination of the informant has

                     found biting mark on the breast. The learned APP for the State

                     has stated that in the garb of exorcism, the petitioner has

                     committed rape with the victim. As far as the delay in lodging

                     the FIR is concerned, it is stated that as the victim is illiterate,

                     the delay has been caused.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     not inclined to enlarge the petitioner on bail at this stage,

                     however, the petitioner will be at liberty to renew his prayer for

                     bail after six months if the trial is not concluded.

                                  7. Accordingly, the prayer for regular bail of the

                     petitioner is hereby rejected.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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