Abidur Rahman and Anr v. The State of Assam

ORDER Date : 09-01-2024

¶1Heard Mr. S. Islam, learned counsel for the petitioner Abidur Rahman and Jainuddin. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent No. 1 State of Assam.

¶2The respondent No. 2 is not represented today.

¶3The petitioners have filed this application under Section 438 of the Code of Criminal Procedure with prayer for pre arrest bail as they are apprehending arrest in connection with Dhula Police Station Case No. 216/2023 under Section 468 of the Indian Penal Code R/W Sections 6/9/10/11(1) of Protection of Child Marriage Act, 2006.

¶4I have considered the submissions at the bar.

¶5It is submitted that the petitioner No. 1 is the husband of the victim. This case does not fall under POCSO Act or under the Protection of Child Marriage Act as the victim was an adult at the time of her marriage. The Aadhaar Card and PAN Card marked as Annexures-B and C reveal that the date of birth of the victim is 01.10.2003.

¶6I have perused the Aadhaar Card and PAN Card annexed along with the petition.

¶7I have considered the submissions that there is no allegation of sexual assault against the present petitioners and no case under the POCSO Act is made out. The petitioner No. 2 is the father of the petitioner No. 1 and the father-in-law of the victim. I have perused the case diary. It appears that the custodial interrogation may not be required in connection with this case. This is Page No.# 3/3 case under Protection of Child Marriage Act, 2006.

¶8Considering all aspects, petition is allowed.

¶9In the event of their arrest, the petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the to the satisfaction of arresting authority under the conditions: i. That the petitioners shall appear before the Investigating Officer within ten days and cooperate with the investigation.

Send back the case diary. Anticipatory Bail application stands disposed of in the above terms.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010232942023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3528/2023o ABIDURoRAHMANoANDoANRo SONoOFoJAINUDDINo,RESIDENToOFoVILLAGE-oBALABARI,oP.O-oBALABARI,o P.S-oDHULA,oDISTRICT-oDARRANG,oASSAM.oPINo-o784146 2:oJAINUDDIN oSONoOFo-oLATEoSAIDURoRAHMANoBOTHoAREoRESIDENTSoOFoVILLAGE-o BALABARI oP.O-oBALABARI oP.S-oDHULA oDISTRICT-oDARRANG oASSAM oPINo-oNO--o78414o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM. 2:FAIJURoRAHMAN oS/O-oABDULoKALAMoAZAD oVILLoANDoP.O-BALABARI oP.S.-oDHULA oDISTRICT-oDARRANG oASSAo AdvocateoforotheoPetitionerooooo:oMR.oAoCHOUDHURYo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND