Interim anticipatory bail is made absolute when the accused has cooperated with the investigation and the investigating agency confirms that further custodial interrogation is not required.

RUPINDERJIT CHAHAL, J. (ORAL)

1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.108 dated 27.06.2024 registered under Sections 9/10/11 of Prohibition of Child Marriage Act, 2006 at Police Station Garhshankar, District Hoshiarpur (Annexure P-1).

2. On 16.04.2026, the following order was passed by this Court: -

“The present petition has been filed under Section 482 of the BNSS, 2023 for grant of anticipatory bail to the petitioner in case FIR No.108 dated 27.06.2024 registered under Sections 9/10/11 of Prohibition of Child Marriage Act, 2006 at Police Station Garhshankar, District Hoshiarpur (Annexure P-1).

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He submits that the matter has been amicably compromised between the parties, and even the alleged victim-Muskan has suffered statement before Magistrate that she has been residing with her in-laws after attaining majority at Village Mehdood without any fear or pressure. The petitioner, being the mother-in-law of Muskan, was not informed about the girl's true age by the mediator at the time of marriage and she came to know about the actual age only after the marriage had been solemnised and the present FIR was registered. He further submits that the petitioner is a first-time offender and no other criminal case is pending against her. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency.

On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail to the petitioner, by submitting that the allegations levelled against the petitioner are serious in nature.

Adjourned to 27.04.2026.

In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.”

3. Learned counsel for the petitioner submits that in compliance of the order dated 16.04.2026 passed by this Court, the petitioner has joined the investigation.

4. Learned counsel for the State, on instructions of ASI Onkar Singh, has submitted that the petitioner has joined the investigation and is no longer required for further investigation.

5. In view of the statement made by learned State counsel, the interim order dated 16.04.2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS.