Bail applications were filed by two petitioners accused of kidnapping and forcedly marrying a minor girl. Relying on the victim's 164 CrPC statement regarding abduction and forced solemnization of marriage, the single-member bench rejected bail applications. The order was disposed of jointly for both cases.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 9458 of 2019
With B.A. No. 9452 of 2019
Tanveer Alam @ Babu … … Petitioner (In B. A. No. 9458 of 2019)
Jamshed Alam @ Jamshed @ Hassan …
… Petitioner (In B. A. No. 9452 of 2019)
Versus
The State of Jharkhand … … Opp. Party (In both the cases)
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
| For the Petitioner | --- : Mr. Aman Sehkhar, Advocate (In B. A. No. 9458 of 2019) |
|---|---|
| For the Petitioner | : Mr. R. S. Mazumdar, Sr. Advocate (In B. A. No. 9452 of 2019) |
| For the Opp. Party | : Md. Azeemuddin, A.P.P. (In both the cases) |
| For the Informant | **:**Mr. P. A. N. Roy, Advocate --- |
03/10.12.2019 Both these bail applications are heard together and are being disposed of by this common order.
Heard learned counsel for the petitioners, learned counsel for the State and the learned counsel appearing on behalf of the informant.
Petitioners have been made accused in connection with Lower Bazar P.S. Case No. 102 of 2019.
It has been alleged that the accused persons had kidnapped the daughter of the informant and compelled her to marriage.
Learned senior counsel appearing for the petitioners has drawn the attention of this Court to Para – 3 of the case diary which contains the restatement of the informant in which she has stated that although he was approached by the accused for solemnizing marriage but the same was deferred since the victim had not attained the age of majority. It has further submitted that at best it can be said to be a case of abduction.
Learned counsel appearing for the informant has opposed the prayer made by the petitioners and has referred to the 164 CrPC statement of the victim.
-2-
In the 164 CrPC statement of the victim, it appears that both the petitioners are involved in abducting the victim and thereafter the marriage of the victim was forcibly solemnized with Jamshed Alam @ Jamshed @ Hassan, the petitioner in B.A. No. 9452 of 2019,
Regard being had to the statement of the victim recorded under Section 164 CrPC, I am not inclined to grant bail to the petitioners and the same is, hereby, rejected at this stage.
(Rongon Mukhopadhyay, J.)
Umesh/-
2 issues framed by the court
Whether bail should be granted to accused persons charged with kidnapping and forced marriage of a minor.
Whether the 164 CrPC statement of the victim justifies rejection of bail at this stage.
Tanveer Alam
Jamshed Alam
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
