Jail Gate Marriage: HC grants 1-yr bail to rape accused
Zahirul Islam alias Zia Uddin, an accused in a rape case in Feni, secured bail for one year from the High Court yesterday, 11 days after he married the complainant at the jail gate in line with a condition set by the court.
The HC, however, asked the lower court concerned to finish the trial of the rape case in 180 days from the date it accepted the case for holding the trial under the Women and Children Repression Prevention Act, 2000.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the bail order after hearing Zahirul's bail petition.
During the court proceedings yesterday, the HC expressed dissatisfaction as some media outlets and feminist leaders criticised the court over imposing the condition that the accused would be granted bail if he married the victim, Zahirul's lawyer Faruque Alamgir Chowdhury told The Daily Star.
He said the HC asked the jail authorities to allow Zahirul, 22, to marry the complainant, 18, at the jail gate as they were in a romantic relationship.
Whatever happened between the two happened by their mutual consent and it could not be termed rape, the lawyer argued.
He said Zahirul would be freed on bail once the jail authorities receive the HC order.
Meanwhile, Zahirul's father Abu Sufian said his family would recognise the complainant as their daughter-in-law and would treat her like their daughter.
He was speaking to reporters on the HC premises after the delivery of its order.
The HC bench on Sunday fixed yesterday for holding hearing and passing an order on Zahirul's bail petition. His lawyer Faruque placed the petition before the bench and prayed to it to grant bail to his client as he married the complainant in line with its directive.
The Feni jail authorities on Sunday submitted a report to the HC bench through its registrar's office saying that accused Zahirul has married the victim at the jail gate on November 19 in presence of local officials and distinguished personalities.
Zahirul allegedly raped the girl, a resident of Chardarbesh area in Feni's Sonagazi upazila, on May 27, according to the case statement.
The following day, the girl filed the case with Sonagazi Police Station.
Both the complainant and the accused said they were in a romantic relationship and became intimate with each other after Zahirul promised that he would marry her, according to documents annexed to the bail petition.
As Zahirul refused to keep his promise, she filed the rape case, said court sources.
Police on May 29 arrested Zahirul, who later filed the bail petition with the HC.
During the hearing on the bail petition on November 1, the HC bench set the condition that Zahirul would be granted bail if he married the complainant as they had been in a romantic relationship.
The same day, the HC ordered the jail authorities to allow Zahirul and the complainant to get married and submit a report to it in 30 days.
Deputy Attorney General Sarwar Hossain Bappi represented the state during the court proceedings yesterday.
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