BHOJYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr. Jain, Mr. Mehrish and the Public Prosecutor. I have perused the FIR. Mr. Jain referred and read over the affidavit alleged to have been given by Mst. Manbhar. According to this affidavit, Mst. Manbhar has stated that she is of 20 years of age, and also mentioned that she was not abducted by Hira but she is living with him on her own accord as his wife. Mr. Mehrish informed that Hira is married and his wife is alive. This fact is not disputed by Mr.Jain. It was also argued that Manbhar is 14 years of age and the Medical Certificate referred by Mr. Jain to the effect that Manbhar is of 18 or 19 years of age. As such the factor of age of Mst. Manbhar is disputed. It is also a fact that she has not been recovered by the police till that date, so her statement could not be recorded by the Police on 16 -12 -1985 and 18 -12 -1985. Mst. Manbhar was present in the court of ACJM, Bundi on those days the diary was submitted in the court but very strange that the police did not take Mst. Manbhar into their custody. The allegation was that she was abducted by Hira. On such allegation, it was the duty of the police to have taken Mst. Manbhar in their custody when she was present in the Court of ACJM. This conduct of police is highly improper. Even, I have no hesitation to say that ACJM also committed this mistake. When he knew that this case is a abduction of Mst. Manbhar and she is present in the Court before him, he should have recorded the statement of Mst. Manbhar and should have taken proper steps to send Mst. Manbhar in proper custody.

(2.) HIRA and Bhojya have filed this application for anticipatory bail. It is not disputed that Hira is married and his wife is alive. Under such circumstances, the age of Mst. Manbhar is to be property verified by a Board of Doctors, so it is not possible to dispose of this bail application. As Mst. Manbhar is in the custody of Hira, it is directed that Hira should produce Mst. Manbhar before ACJM, Bundi on 15 -1 -1986 to which learned Counsel Mr. Jain agreed. It is further directed to the ACJM, Bundi to record of statement of Mst. Manbhar after satisfying himself that she if not under the influence of Hira. It is further directed that he should refer to the CMHO, Bundi, to constitute a Board for examining Mst. Manbhar for verifying her age. The report of the Medical Board and the statement of Mst. Manbhar recorded by him should be forwarded to this Court immediately. In case Mst. Manbhar is found minor, then the ACJM is directed to give Mst. Manbhar in the custody of her guardian entitled according to Jaw.