Why Bombay High Court granted bail to man accused of impregnating minor fiancé

The Bombay High Court recently granted bail to a man accused of impregnating his minor fiancé, stating that the marriage arrangement between them was made with 'good intent' and in response to the harsh realities of poverty [S v. State of Maharashtra].

Justice SG Mehare acknowledged the significant societal issues related to early marriages in India while granting bail to the accused man, who has been booked for the offence of rape under the Bharatiya Nyaya Sanhita and provisions of the Protection Of Children from Sexual Offences Act (POCSO Act).

"Poverty is the biggest issue of our country," Justice Mehare remarked while noting that the reasons behind the decision to arrange the marriage between the accused and the minor victim appeared both plausible and well-intentioned.

The case emerged when the families of the accused and the victim, who are cousins, decided to fix their marriage.

The prosecution claimed that the accused had engaged in a physical relationship with the girl prior to their marriage, resulting in her pregnancy. Following this, the girl was admitted to Ghati Hospital in Aurangabad, leading to the filing of the rape case due to her minor status.

During the hearing, the girl's father explained to the Court that both he and his wife were suffering from serious health conditions. His wife had a heart ailment, and he was dealing with a brain disease. Fearing their untimely deaths, they arranged the marriage of their daughter at the age of 14 to secure her future. Tragically, the mother passed away shortly before the bail hearing, adding to the family's distress.

The Court highlighted the parents' intentions to protect their daughter from societal pressures, stating,

"They wanted to protect a daughter from the ill-eyes of the society. In those compelling circumstances, they decided the marriage of the applicant and victim. This may be a genuine ground and touching the societal structure of our country."

Despite the serious nature of the allegations, the Court recognized the "compelling circumstances" surrounding the case. In light of these factors, the Court decided to grant the accused man bail.

"The reasons for deciding the marriage appears probable and with a good intent. Even (though) the crime is registered, the applicant is ready to marry the victim after attaining her majority. These compelling circumstances needs to be considered. Hence, the applicant may be released on bail on certain conditions," the Court said.

The Court set the bail amount at ₹50,000, allowing the accused to be released on the condition that he should not engage in further physical relations with the victim till they are legally married.

Advocate Wakale Vijay Shivaji appeared for the bail applicant.

Additional Public Prosecutor AS Shinde appeared for the state

Advocate NS More appeared for the victim.

[Read Order]