205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT INDERJEET STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE Present: Mr. Gaurav Tyagi, Mr. Athar Ahme HARKESH MANUJA 1. By way 2023, prayer has been made for gran No.168 dated BNS, 2023 and Section 6 of POCSO Act, 2012 (Section 64of BNS and Section 9 of Prohibition of Child Marriage Act, 2006 were added later on). The aforesaid FIR is reproduced hereunder: “Copy of statement of Somnath son of Jagat Ram Resident of village Jagatpipli Police Station Faiz Ganj Behata District Badaun, Uttar Pradesh, presently tenant Rattan shuttering Lalru Mandi, Police Station Lalru, Mobile Num above that address, I do labour work. For the last 20 years I am residing in Lalru Mandi. I have five children. The eldest boy is Anuj, then younger girl Gudiya, then younger girl Anu, then younger girl Pallavi, and the youngest girl is Chandni. That the date of birth of my daughter Anu is 02.04.2008 and she studies in class 11th of Govt. Sr. Sec. School Lalru.That on 08.11.2024 she went to school in uniform like always but she did not return till evening r and I have searched sufficiently till now but she could not be found. Some unknown person/people have taken away my daughter Anu after alluring and enticing her. Necessary legal action be taken against such person/ people. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: Versus STATE OF PUNJAB HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Gaurav Tyagi, Advocate for the Mr. Athar Ahmed, DAG, Punjab. **** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Section 483 BNSS, 2023, prayer has been made for grant of regular bail in case FIR dated 12.11.2024 registered under Sections 96 & 137(2) of BNS, 2023 and Section 6 of POCSO Act, 2012 (Section 64of BNS and Section 9 of Prohibition of Child Marriage Act, 2006 were added later . The aforesaid FIR is reproduced hereunder: Copy of statement of Somnath son of Jagat Ram Resident of Jagatpipli Police Station Faiz Ganj Behata District Badaun, Uttar Pradesh, presently tenant Rattan shuttering Lalru Mandi, Police Station Lalru, Mobile Number 6397290121. It is stated that I am resident of above that address, I do labour work. For the last 20 years I am residing in Lalru Mandi. I have five children. The eldest boy is Anuj, then younger girl Gudiya, then younger girl Anu, then younger girl llavi, and the youngest girl is Chandni. That the date of birth of my daughter Anu is 02.04.2008 and she studies in class 11th of Govt. Sr. Sec. School Lalru.That on 08.11.2024 she went to school in uniform like always but she did not return till evening r and I have searched sufficiently till now but she could not be found. Some unknown person/people have taken away my daughter Anu after alluring and enticing her. Necessary legal action be taken against such person/ people.I along with my brother Bhagat ram was coming to you IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32444-2025 Date of Decision: June 24, 2025 ........Petitioner ........Respondent HARKESH MANUJA Advocate for the petitioner. AG, Punjab. of present petition filed under Section 483 BNSS, t of regular bail in case FIR 12.11.2024 registered under Sections 96 & 137(2) of BNS, 2023 and Section 6 of POCSO Act, 2012 (Section 64of BNS and Section 9 of Prohibition of Child Marriage Act, 2006 were added later . The aforesaid FIR is reproduced hereunder:- Copy of statement of Somnath son of Jagat Ram Resident of Jagatpipli Police Station Faiz Ganj Behata District Badaun, Uttar Pradesh, presently tenant Rattan shuttering Lalru Mandi, Police Station ber 6397290121. It is stated that I am resident of above that address, I do labour work. For the last 20 years I am residing in Lalru Mandi. I have five children. The eldest boy is Anuj, then younger girl Gudiya, then younger girl Anu, then younger girl llavi, and the youngest girl is Chandni. That the date of birth of my daughter Anu is 02.04.2008 and she studies in class 11th of Govt. Sr. Sec. School Lalru.That on 08.11.2024 she went to school in uniform like always but she did not return till evening regarding which my family and I have searched sufficiently till now but she could not be found. Some unknown person/people have taken away my daughter Anu after alluring and enticing her. Necessary legal action be taken against such with my brother Bhagat ram was coming to you 2025 June 24, 2025 of present petition filed under Section 483 BNSS, t of regular bail in case FIR 12.11.2024 registered under Sections 96 & 137(2) of BNS, 2023 and Section 6 of POCSO Act, 2012 (Section 64of BNS and Section 9 of Prohibition of Child Marriage Act, 2006 were added later Copy of statement of Somnath son of Jagat Ram Resident of Jagatpipli Police Station Faiz Ganj Behata District Badaun, Uttar ber 6397290121. It is stated that I am resident of above that address, I do labour work. For the last 20 years I am residing in Lalru Mandi. I have five children. The eldest boy is Anuj, then younger girl Gudiya, then younger girl Anu, then younger girl llavi, and the youngest girl is Chandni. That the date of birth of my daughter Anu is 02.04.2008 and she studies in class 11th of Govt. Sr. Sec. School Lalru.That on 08.11.2024 she went to school in uniform egarding which my family and I have searched sufficiently till now but she could not be found. Some unknown person/people have taken away my daughter Anu after alluring and enticing her. Necessary legal action be taken against such TEJWINDER SINGH 2025.06.24 15:12 I attest to the accuracy and integrity of this document CRM-M-32444-2025 -2- to give information, you have met us on the under-bridge Lalru, statement has been made to you, heard which is correct.” 2. Learned counsel for the petitioner submits that the petitioner got married with the daughter of the complainant on 29.11.2024 which fact have even been admitted by the wife i.e. the daughter of complainant and thus, the implication of the petitioner in the FIR was merely for the reason that the marriage took place against the wishes of the parents of the girl. He further submits that the age of the wife of the petitioner is even debatable as in accordance with the matriculation certificate the date of birth is mentioned as 02.04.2008 whereas, as per Aadhaar Card, the date of birth is 02.04.2006. learned counsel while referring to statement under Section 183 BNSS, 2023 also submits that even his wife had intended to stay with him only. Learned counsel further points out that even the investigation already stands concluded with the filing of challan and thus, no purpose is going to be served to keep the petitioner behind the bars. 3. On the other hand, prayer made in the present petition has been vehemently opposed by learned State counsel while submitting that the age of the alleged wife of the petitioner is around 16 years and 8 months and thus, her consent to live with the petitioner becomes immaterial. He thus, submits that the present petition needs to be dismissed. 4. I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner. TEJWINDER SINGH 2025.06.24 15:12 I attest to the accuracy and integrity of this document CRM-M-32444-2025 -3- 5. Perusal of the record shows that the alleged wife of the petitioner in her statement recorded under Section 183 of BNSS, 2023 has categorically admitted the factum of their marriage and had even intended to live with the husband i.e. the petitioner only and the same is reproduced hereunder:- “My name is Anu. My father's name is Somnath. He works as labourer. My age is 16 years. Mother also works as labourer. We are 5 brothers and sisters. I remain at home. Inderjeet is my husband. I know Inderjeet since long. But our talks started from 20 August 2024. We reside in the same colony. I left my house on8 November 2024. I went alone. I went at Balupur, Lalru only. I stayed at the house of maternal uncle of Inderjeet. Then we performed our marriage on 29 November 2024. Inderjeet is 20/21 years old. I tried to convince my parents for the marriage but they refused. Then I had left my house. I want to live with my husband only. He has not done any forceful act. Whatever happened has happened with my consent. I want to live with him only. We have not done anything wrong. He is my husband.” 6. In such circumstances, once the factum of marriage has been admitted and the daughter of complainant intends to live with the petitioner only, besides issue of her age being debatable in terms of two documents placed on record in the shape of Matriculation certificate and Aadhaar Card and also the factum that the investigation already stands concluded with the filing of challan this Court does not find justification to extend his incarceration any further. 7. In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition TEJWINDER SINGH 2025.06.24 15:12 I attest to the accuracy and integrity of this document CRM-M-32444-2025 -4- is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. 24.06.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.06.24 15:12 I attest to the accuracy and integrity of this document