marriage, forcibly established physical relation with her. The
petitioner also gave Nikahnama to the victim but, even after much
persuasion, the petitioner did not take ... physical relation with the petitioner. If the petitioner
solemnized marriage after reciting Nikahnama, the victim may file
Patna High Court Cr.Misc. No.9368
been raised regarding claim of the
petitioner. During enquiry, the so called Nikahnama of the
petitioner was verified and some discrepancies were found,
particularly ... husband
of the petitioner, in service book was in Hindi, whereas in
Nikahnama, the signature of Zaki Imam was in English.
In the present case
POCSO Act as according to the
FIR itself a Nikahnama was made between the parties and the
petitioner kept the complainant for three months ... sides. Considering the nature of
offence as also considering the fact that Nikahnama is there as per
the FIR itself between the parties
petitioner earlier fled
away with the informant and got married accordingly Nikahnama
was also prepared.
It appears that the informant is un-married girl. There
children. The signature of the petitioner was forcibly taken on
the Nikahnama for which the petitioner has filed Informatory
Petition No. 1200 of 2014 before ... children. The
Nikah between the complainant and petitioner was performed
and the Nikahnama has been brought on record by way of
counter affidavit.
Considering
Nikah has been
performed with Md. Munna. Xerox copy of the Nikahnama
between daughter of the informant and son of the petitioners has
been annexed
month.
Counsel for the petitioner has pointed out towards
Annexure-4, Nikahnama which shows that Nikah of the victim girl was
Patna High Court
reflects that they have entered into the marriage under the
Muslim law; Nikahnama is also attached, showing that the
marriage is solemnized. Further, the accused
Shoib and further,
signature of Shoib was not found available on Nikahnama which
is exhibited. Shoib is said to be traceless from the date
said to have been
performed on affidavit, whereas in the Muslim law, Nikahnama is
required to be prepared. It has further been submitted that
petitioner