CRM-M-44531 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (106) Lukman State of Haryana CORAM: Present: ALOK JAIN, J. (Oral) 1. Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the grant of anticipatory bail to the petitioner in FIR No. 52 dated 26.05.2025, registered under Sections 62, 86, 87, 88, 92, 316(2), 336(2), 33 2023; Sections 75 and 82 of the Juvenile Justice (Care and Protection of Children) Act, 2015; Sections 3, 4, and 5 of the Medical Termination of Pregnancy Act, 1971; Sections 8(c), 21, 22, 25, 27, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Sections 18(c) and 27 of the Drugs and Cosmetics Act, 1940; Section 34(2) of the National Medical Commission Act, 2019; and Section 6 of the Protection of Children from 44531-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: Versus State of Haryana HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Abhinav Sood, Advocate for the petitioner. Mr. Paras Talwar, Sr. DAG, Haryana. *** ALOK JAIN, J. (Oral) The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the grant of anticipatory bail to the petitioner in FIR No. 52 dated 26.05.2025, registered under Sections 62, 86, 87, 88, 92, 316(2), 336(2), 33 2023; Sections 75 and 82 of the Juvenile Justice (Care and Protection of Children) Act, 2015; Sections 3, 4, and 5 of the Medical Termination of Pregnancy Act, 1971; Sections 8(c), 21, 22, 25, 27, and 29 of the Narcotic nd Psychotropic Substances Act, 1985; Sections 18(c) and 27 of the Drugs and Cosmetics Act, 1940; Section 34(2) of the National Medical Commission Act, 2019; and Section 6 of the Protection of Children from -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44531-2025 Date of Decision:- 18.08.2025 ……Petitioner ……Respondent ALOK JAIN Mr. Abhinav Sood, Advocate for the petitioner. Mr. Paras Talwar, Sr. DAG, Haryana. The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the grant of anticipatory bail to the petitioner in FIR No. 52 dated 26.05.2025, registered under Sections 62, 86, 87, 88, 92, 316(2), 336(2), 337, 338, and 3(5) of the BNS, 2023; Sections 75 and 82 of the Juvenile Justice (Care and Protection of Children) Act, 2015; Sections 3, 4, and 5 of the Medical Termination of Pregnancy Act, 1971; Sections 8(c), 21, 22, 25, 27, and 29 of the Narcotic nd Psychotropic Substances Act, 1985; Sections 18(c) and 27 of the Drugs and Cosmetics Act, 1940; Section 34(2) of the National Medical Commission Act, 2019; and Section 6 of the Protection of Children from - etitioner ……Respondent The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the grant of anticipatory bail to the petitioner in FIR No. 52 dated 26.05.2025, registered under 7, 338, and 3(5) of the BNS, 2023; Sections 75 and 82 of the Juvenile Justice (Care and Protection of Children) Act, 2015; Sections 3, 4, and 5 of the Medical Termination of Pregnancy Act, 1971; Sections 8(c), 21, 22, 25, 27, and 29 of the Narcotic nd Psychotropic Substances Act, 1985; Sections 18(c) and 27 of the Drugs and Cosmetics Act, 1940; Section 34(2) of the National Medical Commission Act, 2019; and Section 6 of the Protection of Children from MANJU 2025.08.25 11:09 I agree to specified portions of this document CRM-M-44531 Sexual Offences Act, 2012 (added subsequently), a Uttarwar, Tehsil and District Palwal. 2. younger sister of the petitioner’s wife, and under permissible to have a consensual relationship of puberty is considered the petitioner and victim were living together as husband and wife, though no formal Nikah ceremony has been performed. T that the provisions of 3. a raid conducted at a clinic where pregnancies were allegedly terminated without adherence to legal procedures. During the raid, two victims were found, one of became pregnant by the petitioner. 4. which are admitting the consensual relations 5. the pregnancy of the minor victim was caused by the petitioner. Her statement recorded under Section 164 Cr.P.C. prosecution’s case. and hence any relations carries 44531-2025 Sexual Offences Act, 2012 (added subsequently), a Uttarwar, Tehsil and District Palwal. Learned counsel for the petitioner submits that the victim is the younger sister of the petitioner’s wife, and under permissible to have a consensual relationship of puberty is considered to be the age at which a girl may marry and the petitioner and victim were living together as husband and wife, though no formal Nikah ceremony has been performed. T the provisions of the POCSO Act have been wrongly invoked. Counsel further submits that the FIR was registered following a raid conducted at a clinic where pregnancies were allegedly terminated without adherence to legal procedures. During the raid, two victims were nd, one of them is, victim ‘M’, who stated that she was 17 years old and became pregnant by the petitioner. Learned counsel has relied upon Annexures P are affidavits, purportedly given by the victim and her father, admitting the consensual relations between the victim and the petitioner. Be that as it may, the medical evidence clearly establishes that the pregnancy of the minor victim was caused by the petitioner. Her statement recorded under Section 164 Cr.P.C. prosecution’s case. Moreover, it is admitted hence any affidavit in favour of petitioner admitting carries no legal sanctity. Further, n -2- Sexual Offences Act, 2012 (added subsequently), at Police Station Learned counsel for the petitioner submits that the victim is the younger sister of the petitioner’s wife, and under Muslim Law, it is permissible to have a consensual relationship as under Muslim Law, the age age at which a girl may marry and both the petitioner and victim were living together as husband and wife, though no formal Nikah ceremony has been performed. Therefore, it is alleged the POCSO Act have been wrongly invoked. Counsel further submits that the FIR was registered following a raid conducted at a clinic where pregnancies were allegedly terminated without adherence to legal procedures. During the raid, two victims were stated that she was 17 years old and Learned counsel has relied upon Annexures P-2 and P-3, purportedly given by the victim and her father, the victim and the petitioner. Be that as it may, the medical evidence clearly establishes that the pregnancy of the minor victim was caused by the petitioner. Her statement recorded under Section 164 Cr.P.C. also supports the t is admitted fact that the victim is a minor, in favour of petitioner admitting consensual , neither any marriage ceremony - t Police Station Learned counsel for the petitioner submits that the victim is the Law, it is Law, the age both the petitioner and victim were living together as husband and wife, though it is alleged Counsel further submits that the FIR was registered following a raid conducted at a clinic where pregnancies were allegedly terminated without adherence to legal procedures. During the raid, two victims were stated that she was 17 years old and 3, purportedly given by the victim and her father, Be that as it may, the medical evidence clearly establishes that the pregnancy of the minor victim was caused by the petitioner. Her also supports the that the victim is a minor, consensual ceremony MANJU 2025.08.25 11:09 I agree to specified portions of this document CRM-M-44531 has been perfo illegal and immoral relationship 6. exists no customary entitles a person to rape the find any ground to grant the concession of anticipatory bail petitioner is alleged to have committed a grave and serious offence, which cannot be treated lightly. 7. August 18, 2025 manju Whether speaking/reasoned: Whether Reportable: 44531-2025 performed nor there is any customary law which permits such an immoral relationship. In light of the aforementioned facts and considering that there customary provision under Muslim Law or otherwise a person to rape the younger sister of his wife ground to grant the concession of anticipatory bail petitioner is alleged to have committed a grave and serious offence, which cannot be treated lightly. The present petition is dismissed. August 18, 2025 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -3- there is any customary law which permits such an In light of the aforementioned facts and considering that there under Muslim Law or otherwise which younger sister of his wife. This Court does not ground to grant the concession of anticipatory bail when the petitioner is alleged to have committed a grave and serious offence, which sed. (ALOK JAIN) JUDGE - there is any customary law which permits such an In light of the aforementioned facts and considering that there which . This Court does not he petitioner is alleged to have committed a grave and serious offence, which MANJU 2025.08.25 11:09 I agree to specified portions of this document