Kochi | The Kerala High Court on Wednesday said that the young girl who shot to fame during the Prayagraj Kumbh Mela prima facie appears to be a major and granted transit bail of one month to her husband so that he can move a Madhya Pradesh court to seek anticipatory bail in a kidnapping case against him.
The girl's husband, Mohd Farman, is accused of kidnapping her in a case registered by Madhya Pradesh police on a complaint by her father, who has claimed that she is a minor.
However, Justice Kauser Edappagath, after examining her birth certificate, said that it prima facie shows her date of birth as January 1, 2008 and therefore, she is a major.
Additional Solicitor General of India (ASGI) S V Raju, appearing for the Madhya Pradesh police, claimed that the viral Kumbh Mela girl was a minor as the birth certificate was a forged one.
Not accepting the contention, the court said that it was "a matter to be investigated".
"In addition to the birth certificate, the Election ID card and bank passbook of the applicant No 2 (Viral Kumbh Mela girl) produced by the applicants would show that the applicant No.2 is a major and her date of birth is January 1, 2008.
"Thus, the documents produced by the applicants (Farman and the girl) prima facie show that the applicant No.2 is a major. The applicant No.2 also asserts that she is a major. The applicant No.2 has sworn in an affidavit stating that she has contracted marriage with the applicant No.1," the court said.
The court also said that the documents produced by the applicants along with their bail plea would substantiate their apprehension of an inter-state arrest.
"The grounds raised by the applicant No.1 (Farman) for an order of transit bail appears to be reasonable to avoid a minimum threat to his life and personal liberty in the jurisdiction where the FIR is registered.
"The applicant No.1 has satisfied this court regarding his inability to seek anticipatory bail from the court which has territorial jurisdiction to take cognisance of the offence immediately," it said.
The court disposed of the bail plea with the liberty to Farman to approach the jurisdictional court in MP and seek anticipatory bail in accordance with law within a period of one month from June 3.
"The applicant No.1 shall not be arrested till the expiry of the said one month," the High Court ordered.
Farman and the viral girl in their joint bail plea had claimed that if they go to Madhya Pradesh, they would be subjected to honour killing by the fundamentalists since they belong to different religions.
They had also claimed that they are not in a position to travel and approach a lawyer to move a bail application in Madhya Pradesh without a protection order against their arrest.
On the other hand, the ASGI told the court that Farman was a Muslim and the girl was a Hindu and therefore, their marriage solemnised in a temple was not valid and consequently, the Local Registrar of Marriages had no authority to issue a marriage certificate to them.
Besides the offence of kidnapping, Farman has also been booked for crimes under sections 81 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage), 83 (fraudulent marriage ceremony) and 87 (abducting for marriage) of the Bharatiya Nyaya Sanhita, the Prohibition of Child Marriage Act, 2006 and the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989.
With a captivating smile and beautiful eyes, the Indore girl had shot to fame after a virtual content creator shared a video of her selling rudraksh garlands at Kumbh Mela in Prayagraj in Uttar Pradesh last year.