Patna High Court – Orders
Santosh Jayswal @ Santosh Kumar vs The State Of Bihar on 23 July, 2026
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32648 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- Balwahat District- Saharsa
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Santosh Jayswal @ Santosh Kumar S/O Maheshwari Chaudhari, Resident of
Village- Saroja, P.S. Balwahat, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX D/O Shyam Bhagat, R/O Village- Magurjaan, Ward No. 9, P.S.-
Kothi, Distt.- Purnia.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 23-07-2026
Heard learned Counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Sections 483 and 484 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS,
2023’) for grant of regular bail to the petitioner who is in
custody in connection with Balwahat P.S. Case No. 2 of 2026,
lodged on 02/01/2026, under Sections 64, 69 and 3(5) of the
Bhartiya Nyaya Sanhita, 2023, under Sections 4 and 6 of the
POCSO Act and under Sections 9/10/11 of the Child Marriage
Prohibition Act, pending in the Court of the learned Special
Judge (POCSO) Saharsa.
Patna High Court CR. MISC. No.32648 of 2026(3) dt.23-07-2026
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3. As per the prosecution, the FIR has been lodged by
the victim, who has categorically stated before the police, that
her father was forcefully interested to marry her with an old
aged person, due to this reason she went with her sister at her
house. Subsequently, at the instance of her sister the marriage
was solemnized with the petitioner. She has narrated that for this
marriage, her sister has talked with the father also. This case
was registered primarily under the violation of Child Marriage
Act for violation of Sections 9,10 and 11, but in the FIR
Sections 4 and 6 of the POCSO Act has also been added.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that it is true that the alleged victim/informant is minor,
but he submits that in this marriage the consent of the entire
family members of the victim was involved. Counsel submits
that in the entire case diary there is nothing against him and
ingredients of POCSO Act is not there. Counsel submits that for
the sake of argument even it is accepted that offence is made out
under prohibition of Child Marriage Act, 2006, then also the
punishment is of two years with fine which may be extended up
to rupees one lakh or both. Counsel submits that the ingredients
of POCSO is not there. Counsel submits that on the previous
Patna High Court CR. MISC. No.32648 of 2026(3) dt.23-07-2026
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occasion, this Hon’ble Court has been pleased to call for the
case diary as well as statement of the said victim girl, under
Section 183 of the BNSS, by which everything shall be clear.
Counsel submits that the criminal antecedent of the petitioner is
clean. Counsel further submits that petitioner is ready to fulfill
all the conditions whatsoever shall be imposed upon him.
5. Learned Counsel appearing on behalf of the
informant vehemently opposes the prayer for bail and submits
that the petitioner is at fault, there was no consent of the father
for this marriage. Admittedly, the petitioner was minor and,
therefore, the question of consent or no consent of the petitioner
shall not arise and the petitioner be continue in custody.
6. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioner but fairly submits
that it is a unique case in which the allegation of marriage with
minor has been alleged in the FIR and primarily case has been
lodged under the prohibition of Child Marriage Act, 2006.
Counsel further submits that for the addition of Sections 4 and 6
of the POCSO Act, statement of the victim under Section 183 is
necessary that what she had adduced before the Magistrate.
Statement of victim under Section 183 has been called for and is
attached. In her statement under Section 183, the victim has
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narrated and alleged against her mother but not alleged against
the petitioner; rather categorically stated that there was no
physical relation developed between the petitioner and the
informant.
7. The SDJM had recorded the statement under
Section 183 of the BNSS and categorically observed that the
victim has narrated the statement before the Court without any
fear or coercion.
8. In this view of the matter, this Court finds that
prima facie, the allegation of POCSO is not there and protection
of Child Marriage is only attracted in which two years
punishment is there and the petitioner is in custody since
06/04/2026, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs.30,000/- (Rupees Thirty
Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023
to the satisfaction of learned Special Judge (POCSO), Saharsa,
in connection with Balwahat P.S. Case No. 2 of 2026 subject to
the conditions as laid down U/s 480(3) of the BNSS, 2023.
(Dr. Anshuman, J)
Mkr./Anshuman/
U T
