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2020 DIGILAW 357 (GAU)

Afajuddin v. State Of Assam

2020-03-06

RUMI KUMARI PHUKAN

body2020
JUDGMENT 1. This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioners, namely, (1) Afajuddin (2) Ashraful Islam (3) Mustafijur Rahman @ Mustafij Ahmed (4) Rajib Ahmed and (5) Raihan Uddin @ Rahen Ahmed in connection with Moirabari Police Station Case No. 485/2019 registered under Section 120(B) of the IPC read with Sections 9/10/11 of the Prohibition of Child Marriage Act (GR No.4151/2019). 2. Case diary produced has been perused. 3. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor, appearing for the State. 4. The present informant in fact lodged an FIR earlier on 12.12.2019 alleging that the accused, Ashraful Islam has kidnapped his daughter Swapna Choudhury from his house. This was registered as Moirabari PS Case No. 471/2019. 5. The victim girl in her statement after recovery has stated that she is a major girl and out of love and affection she eloped with the accused, Ashraful Islam and they have in relation. They went to Kolkata and many other places and subsequent thereto the present FIR has been filed by the same informant on 24.12.2019 on the same allegation that his daughter has been kidnapped by the accused persons and they have forcefully married his daughter with Ashraful Islam and tried to keep her as husband and wife. 6. The petitioner has filed an additional affidavit to bring on record that the victim girl has been released on PR Bond, she being a major by order of the learned court in respect of the earlier Moirabari PS Case No.471/2019. 7. The fact remains that the victim is a major and she has also made an affidavit (which is in the case diary) that she has converted herself in Muslim Religion and has married Ashraful Islam. In the given facts and circumstances, it is seen that custodial detention of the accused petitioners is not warranted. Accordingly, the interim pre-arrest bail granted to the petitioners, vide order dated 08.01.2020, is made absolute by this order with the same terms and conditions. 8. The anticipatory bail application stands disposed of. Return the case diary.