This court dismissed bail applications of Sunny and Rakesh Kumar in a minor marriage case where investigation revealed a forged Aadhar card used to establish the prosecutrix's age for appeal proceedings.
Petitions dismissed; interim order vacated; appellants directed to present themselves before the investigating officer forthwith.
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Prohibition of Child Maniage Act, 2006 being investigated by police station Ranhola since taken over by crime branch of Delhi Police. The prosecutnx at the relevant point of time is stated to have been 16 years 6 months, her date of birth having been described as 09.10.2000, she allegedly having been enticed and taken away from out of the lawful custody and care of the parents by petitioner Sunny, the other petitioner Rakesh Kumar being his father. It appears the prosecutrix and petitioner Sunny underwent some ceremony on 19.05.2017 whereby it is claimed by the petitioners that she had got married to said Sunny. The controversy had come up as subject matter of writ petition (Crl.) 1387/2017 which was heard by a division bench of this Court on 30.05.2017. The said writ petition was withdrawn by the complainant's father for the reason the prosecutrix had appeared before another bench in writ petition (Crl.) 1590/2017. The learned Additional Public Prosecutor, on instructions from the investigating officer, submits that the said other writ petition was also later withdrawn and disposed of accordingly. The investigation, however, has brought out that in the writ petition (Crl.) 1387/2017, copy of the Aadhar card of the prosecutrix was used indicating her date of birth to be 09.10.1998, it having been found upon investigation to be a forged and fabricated document. The role of the petitioner Rakesh Kumar in arranging the said fabricated document has come up during investigation.
Having regard to the facts and circumstances and keeping in view the gravity of the offences involved, it is not a fit case for this Court to indulge the petitioners by grant of discretionary relief of anticipatory bail.
The petitions are dismissed. The interim order is vacated.
BAIL APPLN. 1412/2017 & conn. Page 2 of3
The petitioners are directed to present theniselves before the investigating officer forthwith.
K.GAU
JULY 20, 2018 nk
BAILAPPLN. 1412/2017 & conn.
Page 3 of 3
1 issue framed by the court
Whether the appellants are entitled to anticipatory bail given the allegations of forgery in the context of a minor marriage case.
Sunny
Rakesh Kumar
As recorded by the court registry
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