Maha: Cleric gets pre-arrest bail in child marriage case

A Thane court has grantedanticipatory bail to an 81-year-old Muslim cleric, accused ofperforming the marriage of a minor girl here in Maharashtra.

Special POCSO Court Judge K D Shirbhate passed theorder on February 1 and a copy of it was made available onSaturday.

According to a police complaint filed by the victimlast month, her marriage had been fixed to a man and it wasdecided that they would tie the knot after she turns 18.

However, the man allegedly forced her to have physicalrelations with him in December 2017, when she was a minor, andlater threatened her to continue with it.

She got married to the man on January 5, 2019 when shewas a minor and the rituals were performed by the cleric, whomthe victim has also named as an accused in her complaint.

The age of the victim was not specified in the courtorder.

As per the victim's complaint, after three months oftheir wedding, the man brought another woman at home, claimingshe was his first wife whom he married on December 24, 2018.

The complainant also alleged that she conceived twiceafter marriage and both the times, her husband forced herterminate the pregnancy.

She also said that they used to have frequent quarrelsand her husband used to beat her up.

The complainant said she left her husband's home onDecember 10, 2020. Last month, she lodged an FIR in which thecleric was also named as one the accused.

The cleric subsequently filed for an anticipatorybail, saying in the marriage form, the complainant's age wasmentioned as 18 and believing that both the parties are adult,he performed their 'nikah' as per the Muslim tradition.

Hence, he has been falsely accused in the case,registered under various sections of the Indian Penal Code,the Protection of Children from Sexual Offences (POCSO) Actand the Prohibition of Child Marriage Act, he said.

The judge in her order said the applicant's role islimited to the extent of performing the marriage rituals.

Hence, heisentitled for grant of anticipatory bailon certain terms and conditions, the court said.