Gauhati High Court
Afzalur Rahman vs The State Of Assam And 6 Ors on 21 November, 2019
Equivalent citations: AIRONLINE 2019 GAU 816, AIRONLINE 2019 GAU 815
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010250242019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : W.P.(Crl.) 20/2019
1:AFZALUR RAHMAN
S/O- OHED ALI, VILLAGE- BISHDOBA, P.S.- ALUKHONDA, P.O.- PANBARI,
CHIRANG, DIST. CHIRANG, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR,
GUWAHATI-6.
2:THE DIRECTOR GENERAL OF POLICE
ASSAM POLICE HEAD-QUARTER
ULUBARI
GUWAHATI-7.
3:THE SUPERINTENDENT OF POLICE
BONGAIGAON DISTRICT
BONGAIGAON
ASSAM.
4:THE OFFICER-IN-CHARGE OF MANIKPUR POLICE STATION
MANIKPUR
DIST- BONGAIGAON
ASSAM.
5:THE INVESTIGATING OFFICER OF MANIKPUR POLICE STATION
ABDUL MANNAN
C/O- OFFICER-IN-CHARGE MANIKPUR POLICE STATION
MANIKPUR
DIST.- BONGAIGAON
ASSAM.
Page No.# 2/5
6:RATAN ROY
S/O-
VILLAGE- NOWAPARA NO. 2
P.O. NOWAPARA
P.S.- MANIKPUR
DIST.- BONGAIGAON
ASSAM.
7:MAMPI RAHMAN @ MAMPI RAY
W/O- AFZALUR RAHMAN (NOW UNDER ILLEGAL CUSTODY/
CONFINEMENT UNDER RATAN RAY)
VILLAGE- NOWAPARA
P.O. NOWAPARA
P.S.- MANIKPUR
DIST. BONGAIGAON
ASSAM
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
21-11-2019 Heard Mr. A. R. Bhuyan, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Additional Senior Government Advocate, Assam for the respondent Nos. 1 to 5.
The petitioner, namely, Afzalur Rahman, contended that both he and the respondent No. 7, Mampi Ray, daughter of Ratan Ray, now known as Mampi Rahman, being major in age, solemnized their marriage by an agreement before a Notary at South Salmara, Mankachar, Hatsingimari on 22.06.2019 and both of them lived together for some days as husband and wife. It is also stated that he and the respondent No. 7, knew each other for quite long period during their school days having good relation with each other and decided to marry on attaining the age of majority.
As the respondent No.7, left her home, on 22.06.2019, an FIR was lodged before the Officer-in-Charge of Manikpur Police Station, Manikpur District-Bongaigaon by one alleged nephew of the respondent No.6, father of the respondent No.7, stating that on 21.06.2019, the petitioner and another, namely, Abdul Wahid kidnapped respondent No. 7, daughter of Page No.# 3/5 respondent No. 6 to unknown place and that the kidnapped victim, respondent No. 7 informed her family members that the accused No. 1 i.e., petitioner herein is harassing her. Said FIR dated 22.06.2019 was registered as Manikpur Police Station Case No. 154/2019 under Sections 366/34 IPC against the petitioner and the other accused.
As the police was in search of the petitioner and the respondent No. 7, who was with him after their marriage, on coming to know about the same, surrendered before the Bongaigaon Police Station, who in turn produced her before the Magistrate at Bongaigaon, for her production and also for recording of her statement under Section 164 CrPC. The learned Magistrate, at Bongaigaon forwarded the victim, i.e., the respondent No. 7 to the shelter home at Jalukbari, Guwahati for two days giving her reflection time. Thereafter, the Additional Chief Judicial Magistrate, Bongaigaon on 04.07.2019 recorded the statement of the respondent No. 7 under Section 164 CrPC.
As he could not trace out the respondent No. 7, i.e., his wife, after recording of her statement on 04.07.2019 by the learned Magistrate at Bongaigaon, who was sent under custody of Manikpur Police, being worried about her existence, the petitioner filed this Habeas Corpus Petition for production of said respondent No. 7.
It is also submitted by the petitioner that as Manikpur P.S. Case No. 154/2019 is still pending against him, the police are harassing him and for such reasons, he could not go to Manikpur to find out the respondent No. 7 and also failed to make any contact with her, his wife.
Pursuant to the direction of the Court dated 31.10.2019, learned Government Advocate, Assam on 11.11.2019, placed a copy of the statement of the respondent No. 7 made under Section 164 CrPC, recorded by the concerned Magistrate on 04.07.2019.
On perusal of her said Section 164 CrPC statement recorded on 04.07.2019, it is seen that the petitioner deposed that she is of 19 years age and married the petitioner on her own volition, without any threat and force from the side of the petitioner and that both she and the petitioner are known to each other for a long period and they decided to live together as husband and wife. On being enquired by the Magistrate, said respondent No. 7, in her statement under Section 164 CrPC, before the Additional CJM, Bongaigaon on 04.07.2019 Page No.# 4/5 submitted that she does not want to go to her parental home and want to be with the petitioner.
After going through the said statement of the victim, respondent No. 7 this Court by order dated 11.11.2019 directed the respondent Nos. 2 to 5 including the authority of Manikpur Police Station to produce the victim, i.e. respondent No. 7 before the Court by today.
Accordingly, the Officer-in-Charge of Manikpur Police Station, District-Bongaigaon namely, Mr. Abdul Mannan Sheikh, SI of Police, produced the respondent No. 7 before the Court.
Considering that the victim, i.e., respondent No. 7 is a female, the Court appointed Ms. Meghali Barman, empanelled Advocate as an Amicus-Curie so as to aid in adjudication of this matter. Ms. Meghali Barman, in presence of Ms. Swapna Hazarika Bora, learned Additional Public Prosecutor, Assam, Mr. A. R. Bhuyan, learned counsel for the petitioner as well as Mr. D. Nath, learned Additional Senior Government Advocate, Assam made queries to the respondent No. 7 and during such queries, the respondent No. 7 stated that she is pursuing her degree 1st Semester with major in Philosophy in Manikpur Anchalik College and there was no imposition of any threat or fear on her by her parents during her stay with them after 04.07.2019 and it is her parents who took back her home from police, when she returned after giving her statement before the Magistrate at Bongaigaon.
However, Ms. Barman, learned Amicus Curie and Ms. Swapna Hazarika Bora, learned Additional Public Prosecutor, Assam, on making queries to the respondent No. 7, who is present before the Court, submitted that the said respondent No. 7 expressed her willingness to go with the petitioner from the Court premises itself. On being enquired by the Court said respondent No. 7 answered the same.
It is also seen that in the FIR itself pertaining to Manikpur P.S. Case No. 154/2019, the informant stated that the respondent No. 7 is of 19 years and the respondent No. 7 also in her statement under Section 164 CrPC. stated that she is of 19 year old.
It is seen that the respondent No. 7 in her marriage agreement with the petitioner dated 22.06.2019, annexed to this petition as Annexure-1, stated her date of birth as Page No.# 5/5 28.10.1999 and it is seen that at the time of lodging the FIR with regard to Manikpur P.S. case No. 154/2019, she was about 18 years 7 months old.
For the reasons above, the respondent No. 7, being a major, is allowed to go with the petitioner as per her own wish, which she being a major can decide herself.
However, considering the entire aspect of the matter, the Director General of Police, Assam; the Commissioner of Police, Guwahati; the authority of Latasil Police station Guwahati and the authority of Guwahati Women Police Station, Panbazar, Guwahati are directed to make safe passage of the respondent No. 7 so as to reach the home of the petitioner, Afzalur Rahman, son of Ohed Ali at village Bishduba, Panbari, under Police Station Alukhunda, District-Chirang, Assam.
The copy of the statement of the victim, respondent No. 7, recorded under Section 164 CrPC by the Additional CJM, Bongaigaon on 04.07.2019, produced before the Court on 11.11.2019 by Mr. D. Nath learned Additional Senior Government Advocate, Assam be kept as a part of the record.
The Court acknowledges the service rendered by both Ms. Meghali Barman, learned Amicus Curie and Ms. Swapna Hazarika Bora, learned Additional Public Prosecutor, Assam, in adjudicating the matter.
The Assam State Legal Service Authority shall pay an amount of Rs. 7500/- to Ms. Meghali Barman, learned Amicus Curie for assisting the Court in adjudicating the matter.
Appearance of O/C Mr. Abdul Mannan Sheikh, SI of Manikpur P.S., District, Bongaigaon is dispensed with.
With the above observation and direction, this petition stands disposed of.
Furnish a copy of this order to Mr. D. Nath learned Additional Senior Government Advocate, Assam for his necessary use.
JUDGE Comparing Assistant