Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 41-A
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 313, 323, 328, 34, 341, 376, 420, 493, 506
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
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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
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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
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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/-
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