Allowed

Saddam Hussain and 2 Ors. v. the State of Assam

Gauhati HC16 May 2023AB/1062/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted anticipatory bail to three petitioners facing charges under the Prohibition of Child Marriage Act. The court found custodial interrogation not expedient, imposing conditions regarding police appearance and non-interference.

What did the court decide?

Prayer for anticipatory bail granted on furnishing a bond of Rs. 30,000 with one surety under specified conditions.

Saddam Hussain and 2 Ors. Vs the State of Assam — Gauhati HC (2023) — LawSathi Research

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Page No.# 1/3

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GAHC010063482023

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

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Case No. : AB/1062/2023

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SADDAM HUSSAIN AND 2 ORS S/O HEKMOT ALI VILL- RAMHORIR CHAR PART-II P.S. GOALPARA RPS DIST. GOALPARA, ASSAM

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2: HEKMOT ALI S/O JALAL SHEIKH VILL- RAMHORIR CHAR PART-II P.S. GOALPARA RPS DIST. GOALPARA ASSAM

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3: AJI MUDDIN SHEIKH S/OLALU UDDIN VILL- BABURBHITA P.S. BAGUAN DIST. GOALPARA ASSA

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. M HOQUE

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 16.05.2023

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Heard Mr. M Hoque, learned counsel for the petitioners. Also heard Mr. B Sharma, learned Addl. Public Prosecutor for the State/respondent.

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By this petition filed under Section 438 Cr.P.C., the petitioners, namely, 1. Saddam Hussain, 2. Hekmot Ali and 3. Aji Muddin Sheikh have prayed for granting pre-arrest bail, apprehending arrest in connection with Goalpara River P.S. Case No.17/2023 under Section u/ss 9/11 of Prohibition of Child Marriage Act.

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It is seen that a report is received from the Superintendent of Police, Goalpara to the effect that the certificate issued by the Headmaster of JBK ME School, Lakhipur vide Annexure-2 is an authentic/genuine document.

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Certificate issued by the Head Master of the said school is enclosed with the petition.

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The report is accepted.

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Having heard the learned counsel for the parties and on perusal of the documents annexed with the application, it is seen that the age of the victim at the time of marriage was 16 years and 11 months and she has a 2 ½ year old baby.

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In the backdrop of facts as emerged from the case, this Court finds it not expedient for custodial interrogation of the petitioners.

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In view of above, the prayer for anticipatory bail is hereby granted.

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It is provided that in the event of arrest of the petitioners, named above, they shall be released on prearrest bail , in connection with the above noted case on furnishing bail bond of Rs.30,000/-( Thirty Thousand ) each with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions :

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Page No.# 3/3

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(i) That the petitioners shall appear before the Investigating Officer within 7 days, failing which, on the 8^th day, the anticipatory bail order shall automatically expire; and

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(ii) That the petitioners 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/her from disclosing such facts to the Court or to any police officer.

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This disposes of the anticipatory bail application.

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JUDGE

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Comparing Assistant

Saddam Hussain and 2 Ors. v. the State of Assam

Case brief

What is this about?

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Saddam Hussain and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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