Mumbai: The Bombay High Court recently granted bail to a lesbian couple accused of kidnapping a four-year-old girl child, saying at worst, it can be said that they undertook an illegal approach to satisfy their desire of having a child by conniving with co-accused persons to take away the minor gild child from her parents.
Justice Manish Pitale, while granting bail to the lesbian couple, said that the lesbian couple has been able to show sufficient material to reach a prima facie conclusion that they can be said to be persons belonging to the LGBTQ+ community and they have already suffered incarceration for about 8 months and that such persons are unfortunately subjected to ridicule in the society and particularly in the confines of jail.
Couple was desirous of having a child, which was biologically impossible, High Court noted
The High Court noted that the couple was in the same-sex relationship and living together for about 10 years and that in fact, they had “married” each other in a temple. It also took note of the statement of a witness that they were desirous of having a child, which was biologically impossible and said that in the present state of affairs, they would also be unable to adopt a minor child.
Prima facie a kidnapping case was made out against accused couple but it was a bailable offence: High Court
The High Court said that prima facie a kidnapping case was made out against the accused couple but it was a bailable offence. Although a strong prima facie case is made out against the couple that they indeed received the minor girl from the co-accused persons in the case, there does not appear to be any material to show that the minor girl was exploited, the High Court further added.
“In the light of the fact that they have made out a prima facie case in their favour, this Court is inclined to allow the present application,” the High Court said while granting bail to the couple.
Minor child had gone missing and was later found in the house of lesbian couple
A First Information Report (FIR) was registered at the behest of the mother of the minor child, who reported to the police that on March 24, 2024 at about 09:00 p.m., her daughter had gone missing. She and her husband were told that the minor child was found in the company of a co-accused and an unknown lady at about 09:30 p.m. on March 24, 2024. Police initiated investigation after registration of FIR and at about 01:00 a.m. on March 25, 2024, the minor girl child was found in the house of the lesbian couple. The minor child was recovered and the couple was arrested. Three other persons are also accused in the case and it has been alleged that the couple paid Rs 9,000 to the other accused for arranging the child.
