‘Peculiar Situation': HC Grants Interim Bail To Muslim Youth Who Impregnated Minor Hindu Partner
The girl is 17 while the youth is 20, both not of legal marriageable age. The HC considered the interest of the child and the girl as the families are now supportive of their union
The Allahabad High Court (HC) has granted interim bail to a 20-year-old Muslim man accused of impregnating a Hindu minor girl allegedly after a consensual relationship.
The girl, who is five months pregnant, had reportedly eloped with the accused, prompting a criminal case under the Bharatiya Nyaya Sanhita and the POCSO Act filed by her mother.
The bench of Justice Rajesh Singh Chauhan, on July 1, noted that while the First Information Report (FIR) pegged the girl's age at 15, a medical examination suggested she was around 17 — still below the legal marriageable age of 18. The man, too, has not attained the legal marriageable age of 21, being 20 years and 8 months old.
Despite this, the court observed that the girl is carrying the applicant's child and both families are now supportive of their union. In this 'peculiar fact situation", the judge said, the interest of the unborn child and the girl must be considered.
The applicant was therefore granted interim bail for two months so that he may support and take care of the girl during her pregnancy.
The couple's interfaith background added legal complexity. Since the man is Hindu and the girl is Muslim, the court clarified that any lawful marriage between them would have to be conducted under the Special Marriage Act. However, being minors in the eyes of marriage law, they are currently ineligible to marry legally.
Both the girl and her mother are to appear in court on September 3, 2025, to inform the judge whether the man is fulfilling his responsibility and whether the girl is satisfied with his conduct. The interim bail may be made permanent depending on their feedback, court noted.
First Published:
July 04, 2025, 14:20 IST
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