Punjab-Haryana High Court
Rajan Kumar vs State Of Punjab And Another on 22 August, 2014
Author: T.P.S.Mann
Bench: T.P.S.Mann
Criminal Misc. No. M-56 of 2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-56 of 2014
Date of Decision:-22.08.2014
Rajan Kumar
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present:- Mr. Dheeraj Mahajan, Advocate
for the petitioner.
Mr. Gurinderjit Singh, Deputy A.G., Punjab
for respondent No.1-State.
Mr. Ashok Aggarwal, Advocate
for respondent No.2.
T.P.S.MANN J.(Oral)
Prayer made in the petition is for grant of pre-arrest bail to the petitioner in case FIR No.22 dated 18.3.2013, under Sections 363 and 366-A IPC, registered at Police Station Kahnuwan, District Gurdaspur.
The aforementioned FIR was registered on the basis of the statement made by Darshan Singh, father of the prosecutrix, in which, he stated that the prosecutrix was born on 19.7.1995 and was studying in a college and accordingly staying with his father-in-law Dhyan Singh for the last about one month at Village Jagowal Banger. On 17.3.2013, he was informed by his father-in-law that the entire family went to sleep in the VIJAY ASIJA 2014.08.22 18:39 I attest to the accuracy and integrity of this document Criminal Misc. No. M-56 of 2014 -2- house on 16.3.2013 and in the morning he found that the prosecutrix was not present in her room. He further told him that his neighbour Jasmer Singh brought to his notice that one young person along with two others and a lady had come during the night and forcibly taken the prosecutrix from his house. Later on it was learnt that it was the petitioner, who had taken the prosecutrix from the lawful guardianship of her maternal grand- father. Consequently, FIR was registered against the petitioner for offences under Sections 363 and 366-A IPC.
The case of the petitioner is that he had solemnized marriage with the prosecutrix and both of them have been living as husband and wife. As his marriage with the prosecutrix was against the wishes of her family, he was falsely implicated in the present case.
While issuing notice, a co-ordinate Bench of this Court vide order dated 3.1.2014 directed the petitioner to appear before the trial Court and submit his bail bonds. However, it was ordered that he be not arrested.
The Court has already been informed by the State counsel that during the investigation of the case, the prosecutrix could not be examined under Section 161 Cr.P.C. as in the meantime she had appeared in the Court of Judicial Magistrate 1st Class on her own and got recorded her statement under Section 164 Cr.P.C. Subsequent thereto, she left the Court and since then, continue to stay with the petitioner.
Learned counsel for respondent No.2 has drawn the attention of the Court to the matriculation certificate, as per which the date of birth of the prosecutrix is stated to be 19.7.1995. Therefore, on the day of the VIJAY ASIJA 2014.08.22 18:39 I attest to the accuracy and integrity of this document Criminal Misc. No. M-56 of 2014 -3- occurrence she was aged 17 years and 08 months.
After obtaining instructions from HC Rashpal Singh, learned State counsel informs the Court that supplementary challan has already been presented against the petitioner and the case committed to the Court of Sessions. However, the trial Court is yet to take up the issue of framing of charges.
Admittedly, as of date, the prosecutrix is more than 19 years of age. She continues to live in the house of the petitioner as his wife. The Court has also been informed that at present she is in the family way.
Without commenting on the merits, lest it may prejudice the case of either party, this Court is of the considered view that the petitioner deserves the concession of pre-arrest bail.
Resultantly, the petition is accepted. The petitioner shall surrender before the trial Court on or before 2.9.2014. In the event of his doing so, he be admitted to bail to the satisfaction of the said Court.
August 22, 2014 ( T.P.S.MANN )
Vijay Asija JUDGE
VIJAY ASIJA
2014.08.22 18:39
I attest to the accuracy and
integrity of this document