Patna High Court
Vijendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court granted provisional pre‑arrest bail subject to surrender within two weeks and referral to mediation, with bail to become absolute upon settlement.
Summary
The petitioner, Vijendra Kumar Singh, applied for pre‑arrest bail in a case registered under Sections 64, 308(2) and 351(2) of the BNS, alleging that he forcibly had sexual relations with the informant, photographed the act, threatened to publicise the photographs and coerced her into obtaining a bank loan of Rs 11 lakh which he later appropriated. The petitioner claimed innocence, stating that the allegations were false and motivated by a dispute over repayment of money, and asserted that he and the victim are related as brother‑in‑law and sister‑in‑law. The State and the informant opposed bail. The High Court, after considering the FIR and the parties’ submissions, granted provisional pre‑arrest bail on the condition that the petitioner surrender before the District Court within two weeks and that the dispute be referred to mediation under the Mediation Act, 2023. If an amicable settlement is reached, the bail will become absolute; otherwise, the petitioner may be taken into custody. The bail application was disposed of.
Issues considered
- Whether pre‑arrest bail can be granted in offences punishable under Sections 64, 308(2) and 351(2) of the BNS.
- Whether the petitioner’s willingness to settle the dispute outside court warrants the grant of bail.
- Whether mediation under the Mediation Act, 2023 is appropriate in a criminal matter of this nature.
Legislation cited
Subjects
- pre‑arrest bail
- sexual assault
- extortion
- mediation
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9613 of 2026
Arising Out of PS. Case No.-71 Year-2025 Thana- MAHILA P.S. District- Siwan
======================================================
Vijendra Kumar Singh Son of Late Madhav Singh Resident of Village-
Bagahi, P.S.- Basantpur, District- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Daughter of Y Resident of Village- Bansohi, P.S.- Basantpur, District-
Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashish Kumar Ranjan, Advocate
Ms. Anita Kumari, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
For the O.P. No.2 : Mr. Chandra Mohan Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 06-05-2026 Heard learned counsel appearing on behalf of the
petitioner; learned APP for the State and learned counsel for the
informant.
2. The petitioner seeks pre-arrest bail in connection
with Siwan Mahila P.S. Case No. 71 of 2025 registered for the
offence(s) punishable under Sections 64,308(2),351(2) of the
BNS.
3. As per the allegation made in the FIR, the
petitioner, who is the brother-in-law of the informant, forcibly
established physical relations with the informant and captured
photographs of the incident. Thereafter, the petitioner allegedly
threatened to make the said photographs viral and, by instilling
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fear in the mind of the informant, compelled her to obtain a
bank loan of Rs.11 lakhs, which amount was subsequently taken
by him.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and has
falsely been implicated in the present case. It is further
submitted that the petitioner and the victim are related as
brother-in-law and sister-in-law, and that the petitioner had
financially assisted the victim in securing employment. Learned
counsel contended that the present case has been instituted with
an ulterior motive to avoid repayment of the money allegedly
taken by the victim from the petitioner. However, on instruction,
learned counsel submitted that to buy peace of mind,
petitioner wants to settle the dispute amicably outside the Court.
5. Learned counsel appearing on behalf of the
informant and learned APP appearing on behalf of the State
vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties and upon perusal of the allegations made in the
FIR, and considering that petitioner is willing to compromise
outside the Court, the petitioner, named above, is directed to be
released on provisional pre-arrest bail on such terms and
Patna High Court CR. MISC. No.9613 of 2026(3) dt.06-05-2026
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conditions as the learned District Court deems it fit and proper,
if he forthwith surrenders before the learned District Court
not beyond the period of two weeks or the interim protection
granted to him shall lose its force.
7. However, the learned District Court is directed to
examine the matter for settlement of the dispute outside the
court by way of mediation and take necessary steps to issue
notices to the respective parties and upon their appearance refer
the matter before the learned Mediator of the District Mediation
Centre under the provision of Mediation Act, 2023 by fixing a
date for appearance of the parties to give effect to “Mediation
for the Nation 2.0”.
8. If the parties arrive at amicable settlement, the
provisional bail granted to the petitioner shall be made absolute
on such terms and conditions learned District Court deems fit
and proper.
9. In case of failure, the law will take its own course.
10. If the petitioner does not appear before the learned
district court then the informant is at liberty to inform the Police
and in that circumstances, the concerned Investigating Officer is
directed to forthwith take the petitioner into custody.
11. The bail application stands disposed of.
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12. Let a copy of this order be communicated to the
Member Secretary, Bihar State Legal Services Authority and the
Patna High Court Mediation Centre for the purpose of record.
(Purnendu Singh, J)
Sanjay/-
U T
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