Advocates:
['Mr AK PAL', '', 'DC ROY', 'T K BHATTACHARYYA', 'PP']

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HIGH COURT OF TRIPURA

AGARTALA

AB 12 of 2021

Mafize Miah

S/O Late Amir Ali, Vill- Purba Durlovnarayan (Babnimura), P.S. Sonamura,

District- Sepahijala, Tripura

-----Petitioner(s)

Versus

The State of Tripura

Represented by the Secretary Department of Home, Government of Tripura,

Agartala

-----Respondent(s)

For the Petitioner(s)

: Mr. D.C.Roy. Adv.

Mr. A.K.Pal, Adv.

For the Respondent(s)

: Mr. Ratan Datta. PP

B E F O R E

HON’BLE MR. JUSTICE S.G.CHATTOPADHYAY

O R D E R

24.03.2021

[1]

This is an application filed under Section 438 of the Code

of Criminal Procedure,1973(Cr.P.C. in short) for granting pre arrest

bail to accused Mafize Miah who is an FIR named accused in

Bodhjung Nagar P.S. Case No. 2020 BJN032 registered under Sections

448, 323, 354B, 363A, 376, 109,506 read with Section 34 IPC.

[2]

The factual context is as follows:

The informant (name withheld to hide her identity) in her

written complaint lodged in the court of the Chief Judicial Magistrate

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in West Tripura Agartala on 30/06/2020 alleged that after her divorce

with her accused husband on 27/09/2010 she was living with her two

daughters. On 25/12/2019 her divorced husband met her and wanted to

take his daughters with him for a tour. Having reposed faith in him, she

allowed her daughter to go with him. Later she came to know that her

younger daughter who was a minor was given in marriage to accused

No.2 namely Jafar Ahmed against the consent of her daughter. Despite

efforts, she could not bring her daughter back to her because she was

terrorized by her accused ex-husband and the other accused of the case

including accused Jafar Ahmed who married her minor daughter.

However, on 19/06/2020 her daughter managed to return home.

Thereafter, on 28/06/2020 at about 10 O9clock in the morning, the

accused persons including her ex-husband forcibly taken her daughter

away from her custody. When she tried to resist them, she was

physically assaulted by the accused persons. They also tried to disrobe

her at the time of taking away her daughter. According to her, her

minor daughter who was married by accused No.2 was born on

23/03/2005 and she was only 14 years old when she was abducted.

After the occurrence, the informant approached the police station.

Since her complaint was not accepted at the police station, she

approached the court and lodged the written complaint. From court, it

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was sent to police station for investigation and report. Based on her FIR

Bodhjung Nagar P.S. Case No. 2020 BJN 032 was registered and the

case was taken up for investigation. Apprehending arrest in the case

accused petitioner has approached this court for release on pre arrest

bail under Section 438 Cr.P.C.

[3]

Heard Mr.D.C.Roy, learned counsel appearing for the

petitioner along with Mr.A.K.Pal, learned Advocate. Also heard

Mr.Ratan Datta, learned Public Prosecutor representing the State

respondent.

[4]

Counsel appearing for the petitioner submits that the cse

against the petitioner is absolutely false because he being the father of

the said girl had no intention to commit any harm to his daughter.

According to learned counsel of the accused petitioner lawfully got her

said daughter married to accused No.2 by executing 8Kabinnama9 in

presence of witnesses and the girl consented to the said marriage and

she does not have any allegations against her husband and considering

all these circumstances the accused husband of the said girl has been

released on bail and the other two accused namely Mahimuddin and

Nizamuddin have also been released on bail under Section 438 Cr.P.C.

by the Sessions Court. According to learned counsel, accused petitioner

is suffering from serious ailment and there is no evidence against him

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in support of the charges brought by his divorced wife aga