RAJU DIN Vs. UT OF J&K

JUDGEMENT

(1.) Petitioner through the medium of this bail application under Sec. 439 of the Code of Criminal Procedure seeks grant of bail in a case registered vide FIR No. 0124/2023 (in short the 'impugned FIR') for commission of offences punishable under Ss. 376, 366 and 34 IPC registered at Police Station, Kathua, asserting therein that he has been arrested and lodged in District Jail, Kathua.

(2.) It has been pleaded that the petitioner married a girl aged about 22 years by entering into marriage agreement and also performed Nikah as per Muslim personal law on 31/1/2023; that since the wife of the petitioner, who was of the age of majority had performed marriage with the petitioner of her own, without the consent of her family, her father, namely, Bashir Ahmed lodged missing report about her daughter on 18/2/2023 and later, the impugned FIR was registered for commission of the aforementioned offences; that the petitioner and his wife, who has been shown as prosecutrix in the case registered against the petitioner, preferred a petition under Sec. 482 CrPC before this Court and this Court vide order dtd. 26/5/2023 had stayed the investigation, subject to objections from the other side and till next date of hearing.

(3.) It has been alleged that the respondent-police on mindful of the order passed by this Court in CRM(M) No. 476/2023 titled, 'Raju Din and Anr. Vs. UT of J&K' carried on with the investigation and also arrested the petitioner and he was remanded to custody. It has also been asserted that the wife of the petitioner had joined him and it was prayed that the petitioner be admitted to bail.