Allowed

Shahidul Islam v. the State of Assam

Gauhati HC10 Mar 2021AB/410/2021

Case brief

AI extract

What is this about?

The Gaushati High Court granted pre-arrest bail to the petitioner in a charge of child marriage. The court noted conflicting evidence regarding the victim's age and found no material indicating a formal marriage was solemnized, tentatively concluding the Act may not attract the case.

What did the court decide?

Released on bail upon furnishing a bond of Rs.15,000/- with an equal surety, conditional upon cooperating with the investigation.

Shahidul Islam Vs the State of Assam — Service and Employment | Gauhati HC (2021)

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GAHC010022762021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/410/2021

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SHAHIDUL ISLAM

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S/O LATE BILAYAT ALI, R/O VILL-LESHUKHA, P.S.-BARPETA ROAD, DISTBARPETA, ASSAM

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VERSUS

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THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. K P PATHAK

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Advocate for the Respondent : PP, ASSAM

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B E F O R E

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HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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10-03-2021

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This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Shahidul Islam, in connection with Barpeta Police Station Case No.175/2021 registered under Sections 9/10/11 of the Prohibition of Child Marriage Act, 2006.

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Heard Mr. R. Bora, learned counsel for the petitioner. Also heard Ms S.H. Borah, learned Additional Public Prosecutor, Assam appearing for the Respondent State.

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Case diary produced has been perused.

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The allegation in the FIR is that the victim, a minor girl, was married to the present petitioner. The age of the victim girl is not mentioned in the FIR.

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On the other hand, the materials in the case diary indicate that the date of birth of the

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victim is 23.1.2006 as per the HSLC Admit Card. But, as per the Birth Certificate, her date of birth is 23.1.2002. If the Admit Card aforesaid is taken into consideration, the victim is a minor and, if the birth certificate, indicated above, is taken into consideration, the victim is a major. However, the pivotal question in this case is whether the marriage between the victim and the present petitioner was solemnized or not. The statements of the witnesses, available in the case diary, make it appear that although the petitioner and the victim are living together as husband and wife, there is no materials to indicate that formal marriage had taken place between them.

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In the absence of such materials of marriage between the victim and the accused petitioner, it appears to this Court that the relevant provisions of law under which the case has been registered are, prima facie, not attracted. However, this view is tentative for the purpose of disposal of this bail application only.

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Accordingly, it is provided that in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on bail on his furnishing bail bond of Rs.15,000/-, with a suitable surety of the like amount, to the satisfaction of arresting authority.

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The direction for pre-arrest bail is subject to the conditions that the petitioner :

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(a) shall appear before the Investigating Officer of concerned Police Station, within seven days from today and shall co-operate with the investigation;

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

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(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 from disclosing such facts to the Court or to any police officer.

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The petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Shahidul Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

Shahidul Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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