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Sk. Akbar @ Raju vs Unknown on 27 August, 2019

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27.08.2019

Item no. 3
Ct. No.32
CHC
Allowed

C.R.M. No.7587 of 2019

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 20.08.2019 in connection
with Chandipur Police Station Case No. 60/2019 dated
08.03.2019 for alleged offence punishable under Section 9 of the
Prohibition of Child Marriage Act, 2006 with added Sections
363/366 of the Indian Penal Code and Section 6 of the Protection
of Children from Sexual Offences Act.

And

In the matter of:-

Sk. Akbar @ Raju
….Petitioner

Mr. Milon Mukherjee, Sr. Advocate
Mr. Rahul Ganguly
… for the petitioner

Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Dipankar Paramanick
…for the State

This application has been moved by the petitioner

apprehending arrest in connection with Chandipur Police Station

Case No. 60/2019 dated 08.03.2019 for alleged offence punishable

under Section 9 of the Prohibition of Child Marriage Act, 2006 with

added Sections 363/366 of the Indian Penal Code and Section 6 of

the Protection of Children from Sexual Offences Act.
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The first wife made a complaint against the husband for

marrying a girl of 14 years complaining that this was done

contrary to the provisions of the Protection of Children from Sexual

Offences Act.

Learned advocate for the State opposes the prayer for

anticipatory bail.

We have perused the 164 statement of the victim second wife

Asmina Khatoon and it appears that she is aged 14 years and it is

also admitted that she cohabited with the husband for quite some

time. It also appears that she left the matrimonial home on 10th

December, 2018 and thereafter, 498A proceeding has been

initiated on 13th January, 2019. It is admitted position that no

prayer for ossification test has been made by the prosecution on

the issue that the victim is 14 years of age. Prosecution relied on a

School Certificate obtained after the date of occurrence and is only

to be admitted in evidence after proper authority is examined. That

apart, Mohammedan Law allows marriage of a girl who attains the

age of puberty is again a question to be decided in trial. Since

admittedly the girl is aged 14 years, and since, we do not find any

incriminating material against the husband we do not deem it

appropriate for any custodial interrogation of the accused.

Accordingly, we direct that in the event of arrest, the

accused/petitioner shall be released on bail upon furnishing a
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bond of Rs.5,000/- (Rupees five thousand only), with two sureties,

one of whom must be local, to the satisfaction of Arresting Officer

and on further condition that the accused shall comply with the

conditions in Section 438 (2) of the Code of Criminal Procedure,

1973 and on further condition that petitioner shall meet the I.O. as

and when called for and on further condition that petitioner shall

ensure his appearance before the trial Court and obtain regular

bail within 15 days from date.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above. C.R.M. No.7587 of 2019 stands

disposed of.

A certified copy of this order be immediately made available to

the petitioner subject to compliance of all requisite formalities.

(Subhasis Dasgupta, J.) (Sahidullah Munshi, J.)

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