Bombay HC Grants Bail to Man Accused of Getting His Minor Fiancée Pregnant, Citing Good Intent in Marriage Plans.
The Bombay High Court has granted bail to a man accused of getting his minor fiancée pregnant, explaining that the marriage was arranged with “good intent” due to the harsh realities of poverty. The Court highlighted that the families had planned the marriage and that the couple was set to marry soon, which played a role in the bail decision. Justice SG Mehare stated, “The reasons for the marriage seem reasonable and well-intentioned. Although a crime has been reported, the applicant is willing to marry the victim once she is of legal age. These important factors must be taken into account. Therefore, the applicant can be released on bail under certain conditions.”
While granting bail, the Court recognized the serious social issues surrounding early marriages in India. The accused man faces charges of rape under the Bharatiya Nyaya Sanhita and the Protection Of Children from Sexual Offences Act (POCSO Act). The Court noted, “Poverty is a major issue in our country,” and remarked that the reasons for arranging the marriage between the accused and the minor victim seemed both reasonable and well-meaning. The Court further stated, “They aimed to protect a daughter from societal judgment. Given these circumstances, they chose to arrange the marriage. This could be a valid reason that reflects the societal structure of our country.”
Advocate Wakale Vijay Shivaji represented the petitioner, while Additional Public Prosecutor AS Shinde represented the Respondent. The prosecution argued that the accused had a physical relationship with the girl before their marriage, which led to her pregnancy. Afterward, the girl was taken to the hospital, prompting the filing of a rape case because she was a minor. During the hearing, the girl’s father told the Court that both he and his wife were facing serious health problems—his wife had a heart issue, and he was dealing with a brain condition. Fearing they might not live long, they planned to marry off their daughter at 14 to secure her future. Sadly, the mother passed away just before the bail hearing.
The Court decided to grant bail to the accused, despite the serious charges, acknowledging the “compelling circumstances” of the case. The bail was set at ₹50,000, with the condition that he must not have any physical relations with the victim until they are legally married.
Cause Title: Satish Eknath Kakade v. The State of Maharashtra & Anr., [2024:BHC-AUG:26235] Appearance:
Petitioner: Advocate Wakale Vijay Shivaji
Respondents: Additional Public Prosecutor AS Shinde, NS More
