The Delhi HC was dealing with the petition filed under Section 439 CrPC praying for grant of regular bail in FIR registered at Police Station Sonia Vihar for offences under Section 363, 366, 376 IPC, Section 4 and 6 of the POSCO Act read with Section 10 of the Prohibition of Child Marriage Act.
After hearing the submissions made by both the parties the Court observed that the petitioner has married the victim with the blessings of his family. The victim’s statements which were recorded before the Magistrate indicate that she has been peacefully living with the petitioner and their two children. The Court also observed that the girl was not kidnapped by him in fact she ran away on her own accord.
The court stated that “This Court is prima facie satisfied that the petitioner and the victim were happily cohabiting with each other and raising their family. Since the charge sheet has been filed and all evidence have been collected, the petitioner’s custodial interrogation is not required any further. Keeping the petitioner in custody will drive the prosecutrix and her two children to starvation. It will not be in the interest of the children to keep the petitioner in custody. There is no danger of petitioner’s fleeing from justice.”
The HC after evaluating various submissions held that “The petitioner and the victim are happily married and they have two children and have been raising a family together is a ground enough to release the petitioner on bail.”
The Court granted bail to the petitioner
Bench: Hon’ble Mr. Justice Subramonium Prasad
Case Title: Ram Sevak v. State
Case Details: BAIL APPLN. 3259/2021
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