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Patna High Court

Vijendra Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CR. MISC. No.9613 of 2026(3) dt.06-05-2026
                                            2/4




          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
                                            3/4




          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.
           Patna High Court CR. MISC. No.9613 of 2026(3) dt.06-05-2026
                                                       4/4




                                  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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