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Patna High Court

Vishal Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) of the Criminal Procedure Code.

Summary

Vishal Kumar Singh, a Sub‑Inspector, was accused in Mahila P.S. Case No. 32 of 2025 of offences under Sections 69 and 318(4) of the BNS, alleged to have promised marriage to a woman, had physical relations, and later refused to marry her. The complainant had earlier written to the SP, prompting an inquiry that found no evidence of physical exploitation and noted that the petitioner had even advised her to marry another man. The petitioner filed for anticipatory bail, arguing the inquiry cleared him of wrongdoing. The court examined the inquiry report and the lack of incriminating evidence, and under Section 438(2) of the Cr.P.C. granted anticipatory bail with a bail bond and surety conditions, directing the petitioner to appear before the lower court. The order also imposed standard conditions for bail and required physical presence until charge‑framing.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the allegations under Sections 69 and 318(4) of the BNS and the findings of the prior inquiry.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Bihar Negotiable Instruments Act
  • sexual exploitation
  • promise to marry
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.50422 of 2025
                 Arising Out of PS. Case No.-32 Year-2025 Thana- MAHILA P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Vishal Kumar Singh S/o Late Jitendra Singh Resident of Village- Amauna,
                 PS- Risiyap, Dist- Aurangabad, Presently posted as Sub-Inspector, P.S.-
                 Buxar, Distt.- Buxar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. P.K. Sahi, Sr. Adv.
                                                  Ms. Bandana Singh, Adv.
                                                  Mr. Saharsh Singh, Adv.
                                                  Ms.Nishi Kumari, Adv.
                                                  Mr.Satish Kumar Sinha, Adv.
                 For the State             :      Mr.Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   11-02-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                  2. The petitioner apprehends his arrest in connection

                   with Mahila P.S. Case No. 32 of 2025, registered for the

                   offences punishable under Sections 69, 318(4) of BNS.

                                  3. The complainant alleges that the petitioner

                   developed relationship with her, promised to marry her, and on

                   that assurance, the petitioner established physical relations with

                   her for multiple times. Later, he refused to marry her, citing

                   family and social reasons, blocked all communication, and

                   asked her to marry elsewhere.
Patna High Court CR. MISC. No.50422 of 2025(3) dt.11-02-2026
                                            2/3




                       4. Learned senior counsel for the petitioner has

          submitted that prior to lodging of the FIR, the informant had

          sent a letter addressed to the SP, Kaimur at Bhabhua,

          mentioning therein the same allegation and making a request to

          the SP, Bhabhua, to conduct an inquiry. The inquiry was

          conducted, and the inquiry report is at Annexure P/2. The

          complicity of the petitioner does not reveal in the inquiry report.

          The report shows that there was exchange of messages between

          the petitioner and the informant. It also revealed from the

          inquiry report that the marriage of the informant was settled

          with another man, and she shared the photograph of that man

          with the petitioner, soliciting his opinion about the marriage, to

          which the petitioner advised the informant to marry that man.

          The allegation of physical exploitation of the informant was not

          found to be true in the inquiry report. Learned senior counsel

          has submitted further that when the informant became

          unsuccessful in incriminating the petitioner in the inquiry report,

          she subsequently filed the present criminal case.

                       5. Considering the above-mentioned facts and

          circumstances, let the petitioner, in the event of his arrest or

          surrender within four weeks before the learned court below, be

          released on anticipatory bail on furnishing bail bond of Rs.
           Patna High Court CR. MISC. No.50422 of 2025(3) dt.11-02-2026
                                                       3/3




                     10,000/- (Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned Sub-Divisional Judicial

                     Magistrate, Kaimur at Bhabua in connection with Mahila P.S.

                     Case No. 32 of 2025, subject to the conditions as laid down

                     under Section 438(2) Cr.P.C.

                                  6. The petitioner shall appear physically before the

                     learned court below on each and every date till framing of

                     the charges.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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