Mir Hussain and Anr v. The State of Assam and Anr

ORDER Date : 16 .02. 2024 Heard Mr. D. Bora, learned counsel for the applicants and also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Chapar P.S. Case No. 200/2023, under Sections 9/ 10/ 11(1) of the Prohibition of Child Marriage Act, read with Sections 6/ 17 of the POCSO Act, this application, under Section 438 Cr.P.C. is preferred by the two applicants, namely, (1) Mir Hussain and (2) Khalil Uddin Sheikh, for grant of pre-arrest bail.

¶3It is to be noted that the above noted case has been registered on the basis of an FIR lodged by one Abubakkar Siddique on 03.10.2023. The essence of allegation made in the aforesaid FIR is that in the year, 2020 as per the advice of one Soleman Ali of Arimari Village of Dhubri District, the marriage of minor daughter of Meser Ali, namely Smti 'X' was solemnized with one Mir Hussain, and now they are living together as husband and wife.

¶4Mr. Bora, learned counsel for the applicant submits that the applicants are on interim pre-arrest bail, granted by this Court vide order dated 19.10.2023, and pursuant to the said interim pre-arrest bail order, the applicants have appeared before the I.O. and have cooperating with the investigating agency. Therefore, he submits that the interim pre-arrest bail order dated 19.10.2023 may be made absolute under the same terms and conditions. Page No.# 3/3

¶5On the other hand, Mr. Baruah, learned Additional Public Prosecutor, appearing for the State respondent has submitted that he has received instruction from the Officer-in-Charge of Chapar Police Station that the I.O. has completed the investigation and has submitted charge sheet, being C.S. No. 203/2023, dated 28.10.2023 under Sections 9/ 10/ 11(1) of the Prohibition of Child Marriage Acat, read with Sections 6/ 17 of the POCSO Act.

¶6In view of the above submissions of the learned advocate, this Court is inclined to dispose of this bail application with a direction to the applicants to appear before the trial court on or before 01.03.2024, and to file a petition seeking regular bail and in the event of filing such bail application, the same shall be considered and dispose of by the learned trial Court in accordance with law.

¶7The interim order passed on 19.10.2023 shall continue till 01.03.2024.

¶8In terms of the above, this anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010244842023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3668/2023o MIRoHUSSAINoANDoANR.o SONoOFoKHALILoUDDINoSHEIKH,oRESIDENToOFoVILLAGE-oRAJAPARAo PART-II,oP.S.oBAGARIBARI,oDIST-oDHUBRI,oASSAMoPINo-o783349 2:oKHALILoUDDINoSHEIKH oSONoOFoATABoUDDINoSHEIKH oRESIDENToOFoVILLAGE-oRAJAPARAoPART-II oP.S.oBAGARIBARI oDISTRICT-oDHUBRI oASSAM oPINo-o78334o VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM. 2:ABUoBAKKARoSIDDIQUE oSONoOFoLATEoAJIMUDDIN oR/OoVILL-oHORDEMARA oP.S-oCHAPAR oDISTRICT-oDHUBRI oASSAM oPINo-o78337o AdvocateoforotheoPetitionerooooo:oMR.oDoBORAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN