Rashidul Islam and Anr v. The State of Assam

ORDER Date : 19.10

. 2023 Heard Mr. HRA Chodhury, learned senior counsel, assisted by Mr. S. Haque, learned counsel for the petitioners and Mr. RR Kaushik, learned Addl. Public Prosecutor for the State respondent No. 1. This is an application under Section 439 Cr.P.C., filed by the petitioners, namely 1. Rashidul Islam and (2) Jaban Ali seeking bail who were arrested on

03.10.2023 in connection with Kachumara P.S. Case No. 41/2023 under Sections 9/10 of the Prohibition of Child Marriage Act read with Sections 6/17 of the POCSO Act. The learned counsel for the petitioner has submitted that both the petitioner No. 1 and victim girl had love affairs and promised to marry each other after attaining the majority. In the meantime, the victim forcefully compelled her parents to solemnize their marriage otherwise she would commit suicide. Under such compelling situation, their marriage was solemnized. The petitioner No. 2 is the father of the petitioner No. 1 i.e. the father-in-law of the victim. The learned counsel for the petitioners further submits that after lodging of the FIR, the police arrested both the petitioners and since then they have been languishing in jail hajat. The victim had voluntarily married the petitioner No. 1 at her own will. Under such backdrop, the prayer for bail of the petitioners may be considered. On the other hand, the learned Addl. PP has made objection for granting bail to the petitioner by stating that the victim was minor when the alleged Page No.# 3/4 marriage took place. Case diary is received and perused the same including the statement of the victim recorded under Section 164 Cr.P.C. which reveals that the victim had love affairs with the petitioner for last two years and she had eloped with him. Thereafter, their marriage was solemnized after one year and and she is leading conjugal life with the petitioner peacefully. Considering the fact and circumstances of the case, prayer for bail of the petitioners is extended. Accordingly, it is directed that the accused/ petitioners above named be released on bail in connection with Kachumara P.S. Case No. 41/2023 under Sections 9/10 of the Prohibition of Child Marriage Act read with Sections 6/17 of the POCSO Act on furnishing a bond of Rs. 10,000/- (Rupees ten thousand) each with 1 (one) suitable surety each of like amount to the satisfaction of the learned Special Judge (POCSO), Barpeta, Assam. The direction for bail is further subject to the conditions that the accused-petitioners:

(a) shall not leave the territorial jurisdiction of the learned Special Judge (POCSO), Barpeta, Assam, without prior written permission from him/ her;

(b) shall not hamper with the investigation of the case and tamper with the evidence; and

(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer. Page No.# 4/4 In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010231862023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3674/2023 RASHIDUL ISLAM AND ANR. S/O JABAN ALI R/O VILL- MAHACHARA NC, P.S. KACHUMARA, DIST. BARPETA, ASSAM 2: JABAN ALI S/OLATE SIKANDAR ALI R/O VILL- MAHACHARA NC P.S. KACHUMARA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP. BY THE SPECIAL PP, ASSAM 2:AJAJUL HOQUE THE SECRETARY 27 NO MAHACHORA GP DIST. BARPETA ASSA Advocate for the Petitioner : MR. S HOQUE Advocate for the Respondent : PP, ASSAM Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI