Petitioner sought anticipatory bail under Section 438 CrPC regarding a POCSO charge. The High Court granted bail noting the parties voluntarily eloped and married, finding custodial interrogation unwarranted.
Anticipatory bail granted till completion of trial on furnishing bail bond of Rs. 20,000 with equal surety.
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GAHC010001962018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 45/2018
1:SEKANDAR ALI S/O MIZNUR KHAN R/O VILL- AND P.O. NOWAGAON P.S. MANIKPUR DIST. BONGAIGAON, ASSAM
VERSUS
1:THE STATE OF ASSAM
2:INFORMANT
Advocate for the Petitioner : MR I HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 06-02-2018
By this application u/s 438 of the CrPC accused petitioner Sekandar Ali prayed for anticipatory bail in connection with Manikpur P.S.Case No.414/2017 corresponding to GR No.1192/2017 U/S 376 IPC r/w Section 4 of the POCSO Act.
Heard Mr I.Hussian, learned counsel for the accused petitioner and Mr T.K.Mishra, learned additional public prosecutor for the State. Also heard Mr. Hasan, learned counsel
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appearing for the informant.
Perused the record and document so annexed.
In the petition also the petitioner has made statement that the victim girl voluntarily eloped with him out of love and affection and they have amicably settled the matter subsequently. The learned counsel appearing on behalf of the informant has also submitted before this Court that after few days of occurrence the marriage between the parties was solemnized as per Muslim Religion due to such long affairs and now they are residing as husband and wife.
It appears that both the parties belong to Muslim Religion and parties have entered into marriage voluntarily, this Court is of the view that custodial interrogation of the accused petitioner is unwarranted. Accordingly, in the event of arrest of the accused petitioner, he is allowed to go on anticipatory bail, till completion of the trial, in connection with the aforesaid case on furnishing bail bond of Rs 20,000/- with a surety of the like amount to the satisfaction of the arresting authority.
B.A. stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether anticipatory bail should be granted to the accused in a POCSO case involving allegations of sexual intercourse with a minor.
Whether the voluntary elopement and subsequent marriage between the parties suffices to make custodial interrogation unwarranted.
3 provisions across 3 enactments
Sekandar Ali
The State of Assam
Informant
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rumi Kumari Phukan
Parties & counsel
