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Patna High Court

Vinit Singh @ Vinit Kumar @ Binit Singh @ Binit Kumar @ Jayvardhan Singh @ JayvardhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioner, Vinit Singh, was implicated in an FIR alleging offences under Sections 376 and 313 of the Indian Penal Code, stemming from a relationship that began in 2015 and allegedly involved a false promise of marriage. He applied for anticipatory bail, asserting a clean record, his age of about 30, and that the relationship was consensual between two adults, with the complainant being a divorcee with a child. The petitioner argued that the FIR was lodged four years after the relationship ended, suggesting it was a false case, and he pledged to cooperate with the investigation. The State opposed the bail application. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and imposed conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in a case involving alleged offences under Sections 376 and 313 IPC.
  • Whether the circumstances of the alleged false promise of marriage and the delay in filing the FIR justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 376 IPC
  • Section 313 IPC
  • false promise of marriage
  • rape
  • Criminal Procedure Code
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72921 of 2025
                     Arising Out of PS. Case No.-362 Year-2019 Thana- RAJIVNAGAR District- Patna
                 ======================================================
                 Vinit Singh @ Vinit Kumar @ Binit Singh @ Binit Kumar @ Jayvardhan
                 Singh @ Jayvardhan Son of Mukesh Kumar Singh @ Mukesh Singh R/o
                 Village - Milki, P.S. - Gangtamore @ Gantamore, Dist. - Munger, Presently
                 Residing at Semariya, P.S. - Jasidih, Dist. - Deoghar (Jharkhand).
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pratik Mishra, Advocate
                 For the Opposite Party/s :      Mr. Md. Fahimuddin, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 376 and

                   313 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is aged about 30

                   years and in sum and substance, the informant alleges that

                   petitioner established physical relation on false promise of

                   marriage.

                                4. Learned counsel for the petitioner submits that

                   informant is a divorcee and was having a child and the

                   relationship in between the petitioner and the informant started
Patna High Court CR. MISC. No.72921 of 2025(3) dt.05-02-2026
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          in the year 2015 when petitioner was aged about 19 years and

          informant was aged about 25 years. It is further submitted that

          relationship was in between two consenting adults. It is next

          submitted that since informant was a divorcee with a child, as

          such, the petitioner right from the beginning had made it clear

          that the relationship will not materialize in marriage. It is also

          submitted that the relationship in between the petitioner and the

          informant started in the year 2015 and the FIR came to be

          instituted in the year 2019, as such, the FIR was instituted after

          four years of relationship, as such, it cannot be presumed that

          informant was not able to gaze that petitioner does not intend to

          marry her. It is further submitted that whenever such

          relationship sours, false case is instituted. It is next submitted

          that petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.10,000/-
           Patna High Court CR. MISC. No.72921 of 2025(3) dt.05-02-2026
                                                       3/3




                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of the learned trial court where the case

                     is pending/Successor Court in connection with Rajivnagar P.S.

                     Case No. 362 of 2019, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C./482(2) of the BNSS.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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