Sarat Dutta v. The State of Assam

ORDER Date : 01.03.2023 Heard Mr. U.J. Saikia, learned counsel for the petitioner. Also heard Mr. Bhaskar Sarma, learned APP appearing for the State. Page No.# 2/3

¶2The petitioner, who was arrested on 03.02.2023, is seeking regular bail under section 439 Cr.P.C. in connection with Dhemaji P.S. Case No. 18/2023, under sections 9/10/11(1) of the Prohibition of Child Marriage Act, 2006, read with section 6/17 of the POCSO Act.

¶3The learned APP has opposed the prayer for bail on the ground that at the time of marriage, the victim girl was a minor. The date of birth of the victim girl is 05.03.2005 and she is still a minor.

¶4The learned counsel for the petitioner projects that marriage has not been solemnized, but they are living under the same roof and that the victim girl is now appearing in the ensuing higher secondary examination. It is submitted that due to an incident took place in the month of March, 2021, the parents of the victim girl refused to accept her and therefore, the victim girl is residing in the house of the petitioner.

¶5In view of above, as the petitioner is in custody for last 24 days, the Court is of the considered opinion that further custodial interrogation of the petitioner may not be necessary. Hence, the Court is inclined to grant bail to the petitioner, namely, Sarat Dutta in connection with the aforesaid case on furnishing bail bond of Rs.50,000/- with one solvent surety of like amount to the satisfaction of the learned Special Judge, POCSO, Dhemaji.

¶6Bail is granted on the following conditions: I. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. II. The petitioner shall not directly or indirectly make any inducement, Page No.# 3/3 threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness. III. The petitioner shall not obstruct the smooth progress of the investigation/trial. IV. The petitioner shall not misuse his liberty in any manner. V. The petitioner shall appear before the I/O within 10 (ten) days from the date of his release and he shall continue to appear once in every month till his appearance is dispensed with or charge-sheet is filed, whichever is earlier. VI. The petitioner shall produce the victim girl before the I/O for further investigation.

¶7This application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010042112023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./727/2023 SARAT DUTTA S/O LATE BROJEN DUTTA R/O VILL- RAJBHAR P.O. BISHNUPUR P.S. DHEMAJI DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR R K DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA