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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Santosh Kumar, was charged under multiple IPC sections including rape (376) and dowry prohibition offences, based on an FIR alleging he had sexual relations with a 16‑year‑old girl and forced marriage. The petitioner contended that the marriage was consensual, performed in a temple, and recognized by both families, arguing that no rape case existed. The State argued that the petitioner had already been investigated under Section 41‑A of the CrPC and a charge‑sheet had been filed, opposing bail. The court examined the nature of the allegations, the existence of a valid marriage, and the fact that a charge‑sheet was already submitted. Finding no sufficient ground to deny bail, the court exercised its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail with a bond of Rs.10,000 and two sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite serious charges including rape and dowry prohibition offences.
  • Whether the existence of a valid marriage negates the offence under Section 376 IPC.
  • Whether the filing of a charge‑sheet influences the grant of anticipatory bail.
  • Whether the court can exercise inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to grant bail.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • dowry prohibition
  • marriage
  • Indian Penal Code
  • Criminal Procedure Code
  • inherent powers of court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85126 of 2025
                   Arising Out of PS. Case No.-27 Year-2024 Thana- SIRISIYA District- West Champaran
                 ======================================================
                 Santosh Kumar S/o Satyanarayan Bhagat Resident of - Inarwa Bazar, P.S -
                 Inarwa, District - West Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    XXX D/o XXX R/o Village - Bhikanpur, P.S - Sirisia, District - West
                 Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Shashank Chandra
                 For the State           :        Ms.Madhuri Lata
                 For the Opposite Party No. 2 :   Mr. Utpal Kant
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   02-04-2026         1.   Heard learned Counsel for the petitioner, learned Counsel

                            for the Opposite Party No. 2 and learned Additional

                            Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Sirisiya Police Station Case No. 27 of 2024, dated

                            02.05.2024,       disclosing      offences       punishable       under

                            Sections 376/420/313/328/493/341/323/506/34 of the

                            Indian Penal Code and Sections 3/4 of the Dowry

                            Prohibition Act.

                       3.   The prosecution case, as per the First Information Report,

                            is that the informant came in contact with the petitioner

                            on 19.08.2020 and both of them performed marriage on
Patna High Court CR. MISC. No.85126 of 2025(4) dt.02-04-2026
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                   07.10.2020 in a temple. It has further been alleged that

                   the petitioner allured the informant with the promise of

                   marriage in front of the family members and society and

                   at the beginning, established physical relationship while

                   she was only 16 years old. The informant continuously

                   asked the petitioner to solemnize marriage, but he

                   avoided the same in order to delay the marriage ceremony

                   and used to forcefully terminate the pregnancy. The

                   informant was subjected to cruelty by the petitioner by

                   threatening to kill 12 years old brother of the informant.

                   When the informant pressurized the petitioner to perform

                   marriage rituals in front of the family members and the

                   society, the petitioner asked the informant to bring money

                   from her father or through prostitution.

              4.   Learned Counsel for the petitioner submits that it is true

                   that the petitioner came in contact with the informant in a

                   music class, which was being held by the petitioner and

                   both, the petitioner and the informant, decided to

                   solemnize marriage and in furtherance thereof, they

                   solemnized marriage in a temple on 07.10.2020. After the

                   marriage, both of them came to Patna, started living

                   together as husband and wife and used to perform musical
Patna High Court CR. MISC. No.85126 of 2025(4) dt.02-04-2026
                                            3/4




                   programme jointly. On minor altercation with the

                   petitioner, the informant has lodged the present First

                   Information Report. In course of investigation, the mother

                   and father of the informant have stated, in paragraph 6

                   and 7 of the case diary, that it is in their knowledge that

                   the petitioner as well as the informant have performed

                   marriage in a temple. Prima facie, no case under Section

                   376 of the Indian Penal Code is made out against the

                   petitioner.

              5.   On the other hand, learned Counsel for the Opposite Party

                   No. 2 opposes the prayer for bail and submits that there is

                   no apprehension of arrest of the petitioner inasmuch as

                   the petitioner was given benefit of Section 41-A of the

                   Code of Criminal Procedure, 1973 during the course of

                   investigation and now, charge sheet has been submitted,

                   the petitioner has filed the present application for grant of

                   anticipatory bail.

              6.   Consideration the nature of allegation in the First

                   Information Report and the fact that both the parties have

                   performed marriage in a temple and accepted by both of

                   them and their parents and charge sheet has been

                   submitted, I am inclined to grant the petitioner privilege
            Patna High Court CR. MISC. No.85126 of 2025(4) dt.02-04-2026
                                                        4/4




                               of anticipatory bail.

                          7. This application is, accordingly, allowed.

                          8.   Let the petitioner, above named, in the event of his arrest

                               or surrender before the Court below within a period of

                               four weeks from today, be released on bail on furnishing

                               bail bond of Rs. 10,000/- (ten thousand) with two sureties

                               of the like amount each to the satisfaction of learned

                               Judicial Magistrate, 1st Class, West Champaran, at

                               Bettiah, in connection with Sirisiya Police Station Case

                               No. 27 of 2024, subject to the condition laid down under

                               Section 482 (2) of the Bharatiya Nagarik Suraksha

                               Sanhita, 2023.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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