Anjna Devi And Others vs State Of Himachal Pradesh

Vivek Singh Thakur, J

These petitions, involving identical facts and common circumstances are being decided with the common order.

Petitioners, have approached this Court, under Section 438 of Code of Criminal Procedure (Cr.P.C), seeking anticipatory bail in case FIR No. 44 of 2022, dated 26.03.2022, registered at Police Station Nagrota Bagwan, District Kangra under Sections 376,120B IPC & Section 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO) and Section 9 and 11 of Prohibition of the Child Marriage Act 2006.

Status report stands filed. Record has also been produced.

As per status report FIR in present case has been registered on 26.3.2022 at the instance of father of prosecutrix, on the basis of his complaint, wherein he had stated that his daughter (prosecutrix) was missing from 24.3.2022 and was not traceable since last two days and he had expressed apprehension that his daughter had eloped with some one.

As per status report, on 29.03.2022 prosecutrix was found sitting in a rain shelter at Baroh and thereafter she was handed over to her mother. Statement of prosecutrix under Section 161 and 164 Cr.P.C were recorded. On the basis of age of the prosecutrix, it was found that Sachin Kumar who is son of present petitioner, had committed an offence under Section 376 and also under the provisions of POCSO Act as well as Prohibition of the Child Marriage Act 2006. Accordingly, he was arrested on 29.3.2022.

As per status report, on 25.3.2022, prosecutrix and main accused Sachin Kumar had solemnized their marriage in Gauri Shankar Temple Guru Amardass Nagar Kalia Colony, Amritsar, near Milk Plant, Jalandhar which was witnessed by the petitioners. A certificate of marriage, issued by Jitender Mahajan, Pradhan of the Temple, has also been taken in possession during the investigation.

Perusal of record reveals that in her statement recorded under Section 161 and 164 of Cr.P.C, prosecutrix has stated that whatever had happened it was on her own violation and it was she who called the boy(Sachin) on telephone and she intended to live with him. She has further stated that immediately on attaining age of 18 years, she shall marry with him but not anywhere else and in case her marriage would not be solemnized with him, she would not marry anywhere with any one else. Lastly, she has stated that she intended to live with main accused Sachin Aforesaid statements of the prosecutrix has been recorded in presence of her mother and her signatures are also there on the statement. As per status report age of the prosecutrix on the date of commission of offence was about 16 years and 9 months. The main accsued Sachin Kumar is 25 years old, who is serving in Private Company.

As per status report accused persons have been found involved in solemnizing marriage of a minor according to Hindu Rights and Rituals as it is admitted fact that marriage between main accused and prosecutrix has been solemnized and therefore petitioners are accused for commission of offence under Section 120 B of Indian Penal Code and Sections 9,10 and 11 of Prohibition of the Child Marriage Act 2006.

Taking into consideration material placed before me and nature of offence committed by the petitioner and also the statement of the prosecutrix recorded before the Magistrate, I find that petitioners at this stage are entitled for bail.

Accordingly, present petitions are allowed and petitioners are ordered to be enlarged on bail subject to their furnishing personal bond each in the sum of Rs.30,000/­ with one surety each in the like amount, to the satisfaction of the trial Court, within two weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioners/accused at the time of trial and also subject to following conditions:­

(i) That the petitioners shall make themselves available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) That the petitioners shall not directly or in directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) That the petitioners shall not obstruct the smooth progress of the investigation/trial;

(iv) That the petitioners shall not commit the offence similar to the offence to which they are accused or suspected;

(v) That the petitioners shall not misuse their liberty in any manner;

(vi) That the petitioners shall not jump over the bail;

(vii) That in case petitioners indulge in repetition of similar offence (s) then, their bail shall be liable to be cancelled on taking appropriate steps by prosecution;

(viii) That the petitioners shall not leave the territory of India without prior permission; and

(ix) That the petitioners shall inform the Police/ Court their contact number and shall keep on informing about change in address and contact number, if any, in future.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioners as it may deem necessary in the interest of justice.

In case the petitioners violate any condition imposed upon them, their bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93­IV­ 7139 dated 18.03.2013.

Observations made in this petition herein before, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

The petitioners are permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise.

Petitions are disposed of in aforesaid terms. Dasti copy on usual terms.