Patna High CourtCR. MISC./69715/2025bail granted

Shambhu Das v. The State Of Bihar

2026-02-05Mr. Justice Nawneet Kumar Pandey2 pages

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 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 2/2 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