Patna High Court
Vinit Singh @ Vinit Kumar @ Binit Singh @ Binit Kumar @ Jayvardhan Singh @ JayvardhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 313, 376
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
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(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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