Gauhati High Court
Mahar Ali Akand vs The State Of Assam on 14 November, 2024
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
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GAHC010231242024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2988/2024
MAHAR ALI AKAND
S/O ABDUL AKAND
VILL- ARASUTI, P.S. THELAMARA
DIST.SONITPUR, ASSAM
PIN-784149.
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. N ISLAM, MR. T K DEY
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
14-11-2024 Heard Mr. T. K. Dey, learned counsel for the petitioner and Ms. S. H. Borah, learned Additional Public Prosecutor, Assam for the State.
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2. Apprehending his arrest, the petitioner, namely, Md. Mahar Ali Akand, son of Abdul Akand has filed this application under Section 482 BNS seeking pre-arrest bail in Moirabari P.S. Case No. 87/2020 corresponding to P.R.C. No. 1410/2022 (G.R. No. 570/2020) registered under Sections 368/366 A IPC, presently, pending before the learned Judicial Magistrate, First Class, Morigaon.
3. As per the FIR dated 24.02.2020, the case is that on the evening of 21.02.2020 at around 08:30 PM, two accused persons named in the FIR forcefully took away his minor daughter, aged about 14 years inspite of her resistance and at that point of time, the informant was not present at his home. On coming to know about kidnapping of his daughter, he returned home and on enquiry, he came to know that the accused persons named in the FIR confined his minor daughter indicating that only on signing an agreement by him, his daughter will be released from such confinement and handed over to him otherwise not. It is also stated that as the informant was waiting for a local Bichar, there was a delay in lodging the FIR.
4. The petitioner has annexed the 164 CrPC statement of the victim recorded on 17.06.2020 by the learned JMFC, Morigaon as Annexure-3 (page Nos. 17/18/19). The petitioner has also annexed the accused forwarding report dated 09.02.2022 of the concerned Investigating Officer of the case with regard to an arrested FIR named accused and further, the summon issued by the learned JMFC, Morigaon in said PRC No.1410/2022 dated 24.02.2023 for appearance of the petitioner before the said Magistrate on 20.05.2023.
5. The petitioner is apprehending that on his appearance before the learned JMFC, Morigaon, he will be taken into custody in said PRC No.1410/2022 stating Page No.# 3/4 that the victim has already been married to someone else.
6. From the perusal of the 164 statement of the victim recorded on 17.06.2020 by the learned JMFC, Morigaon, it is seen that the minor victim (aged 14 years at the relevant point of time) implicated the petitioner stating that it is he who kidnapped her forcefully inspite of her resistance and took her away in a red colour Indica Car with other FIR named accused persons and she was taken to Tezpur by him and he married her by executing Kabinnama, in which, the parents of the petitioner were also present where an agreement was executed stating that as and when she becomes 18 years old, she will be handed over to the petitioner. The victim in her 164 Statement also stated that it is the petitioner, who did not allow her to go to her paternal house and it is her father, who on coming to know the place of her confinement, brought her back from Tezpur about 15 days back (from the date of recording of her said statement).
7. From the records of the case, it is also seen that summon was issued in said PRC Case after filing of the charge-sheet in it and the case is presently pending before the learned Judicial Magistrate, First Class, Morigaon for committing the case to the appropriate forum.
8. Considering the materials in the records and the 164 CrPC statement of the victim girl annexed to this petition as well as the fact that summon has already been issued to the petitioner by the learned JMFC, Morigaon in said PRC No.1410/2022, the Court is of the opinion that it is not a fit case to grant pre- arrest bail to the petitioner, named above, in said Moirabari P.S. Case No. 87/2020 corresponding to P.R.C. No. 1410/2022 (G.R. No. 570/2020) registered under Section 368/366 A IPC.
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9. Needless to say, that in the event of filing any such bail application by the pettier before the appropriate forum in said Moirabari P.S. Case No. 87/2020 corresponding to PRC No. 1410/2022, the same shall be considered in accordance with the law.
10. With the above, observations and directions, this pre-arrest bail application stands disposed of.
JUDGE Comparing Assistant