"Marry The Victim If Found Within A Year": Bombay HC Imposes Bail Condition On Man Who Established Physical Relations On Assurance Of Marriage

A Single Judge Bench of Justice Bharati Dangre in an order granting bail directed the accused to marry the victim if she is found by the police authorities in one year.

The case pertains to a girl who had established a relationship with the accused in 2018. The parents of the girl and the accused were aware of the relationship. The girl in her complaint had stated that she established a physical relationship with the accused when he assured her that he will solemnize the marriage.

In 2019, the girl underwent sonography and found out that she was carrying a child for 6 months and in 2020 she gave birth to a child. However, she abandoned the child near the gate of the hospital and left the premises. Subsequently, a case was registered and a charge sheet was filed against the girl.

The present applicant made an application for bail in another FIR that was registered against him under sections 376, 366, and 420 of the Indian Penal Code.

The applicant in his affidavit submitted before the court that he is ready to marry the victim girl and also ready to accept the paternity of the child born, out of the relationship and the statement was also corroborated by the parents in the affidavit

The bench while granting bail noted,

"The victim girl was major and she has already stated that the relationship was consensual and though a specific statement was made on behalf of the applicant and his family that they are ready to solemnize the marriage, the victim is not traceable, in above circumstances, I deem it appropriate to release the applicant on bail subject to compliance that if the victim girl is traced within a short while and say in a period of one year, he shall solemnize marriage with her, but he shall not be bound by the statement beyond one year."

Case Title: Chetan Chandrakant Tambatkar vs State of Maharashtra