Allowed

Sahinur Islam and Anr. v. the State of Assam

Gauhati HC8 May 2023AB/954/2023

Case brief

AI extract

What is this about?

Petitioners filed an anticipatory bail application under Section 438 Cr.P.C. apprehending arrest in a case involving alleged child marriage and marital sexual intercourse. The court observed that no marriage was solemnized but a mutual agreement existed to marry upon the girl's majority. The court granted pre-arrest bail subject to conditions.

What did the court decide?

Pre-arrest bail granted to petitioners on a bond of Rs. 30,000 with one surety of like amount, conditional upon appearance before the Investigating Officer within seven days and non-interference with

Sahinur Islam and Anr. Vs the State of Assam — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010058222023

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

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Case No. : AB/954/2023

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SAHINUR ISLAM AND ANR SON OF- ABDUL MOTLEB, RESIDENT OF VILL- RAKHALTARI, P.S.- SAPATGRAM, DISTRICT- DHUBRI, ASSAM.

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2: ABDUL MOTLEB SON OF - LATE GOLAPBANI SHEIKH @ GOLAPUDDIN

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RESIDENT OF VILL- RAKHALTARI

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P.S.- SAPATGRAM DISTRICT- DHUBRI ASSAM

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VERSUS THE STATE OF ASSAM REP. BY PP, ASSAM.

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Advocate for the Petitioner : MR. L R MAZUMDER

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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08.05.2023

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Heard Mr. L.R. Mazumder, learned counsel appearing for the petitioners.

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Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely 1) Sahinur Islam and 2) Abdul Motleb , apprehending arrest in connection with Sapatgram P.S. Case No. 12/2023 under Sections 9/10/11(1) of the Prohibition of Child Marriage Act, 2006 read with Section 6 of POCSO Act, 2012.

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The case diary is placed before the Court.

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The case relates to allegation of commission of child marriage and marital sexual intercourse.

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Although in the FIR it has been alleged that the victim was forcefully married off to the petitioner No.1 in the year 2021, perusal of the case diary reveals that no such marriage has been solemnized. However, there is a Mutual Agreement, dated 08.04.2021 executed between the petitioner No.1 and the father of the alleged victim girl to the effect that the petitioner No.1 will get married with the alleged victim girl as soon as she attains majority under the provisions of the Indian Majority Act.

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In the backdrop of facts stated above as well as consideration of the materials available on the case diary, this Court is of the opinion that custodial interrogation of the petitioners may not be required in the interest of the ongoing investigation into the case.

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Accordingly, it is provided that in the event of arrest, each of the petitioners, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.30,000/- (Rupees

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Thirty Thousand) with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

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(i) That the petitioners shall appear before the Investigating Officer within 7 days, failing which, on and from the 8^th day this pre-arrest bail order shall have no force; 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 from disclosing such facts to the Court or to any police officer.

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Return the case diary.

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This disposes off the anticipatory bail application.

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JUDGE

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Comparing Assistant

Sahinur Islam and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sahinur Islam and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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