Patna High Court
Vishal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 318(4), 69
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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