Punjab-Haryana High Court
Raj Kumar @ Kalu vs The State Of Haryana on 17 September, 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc. No.M-15466 of 2012 (O&M)
DATE OF DECISION: September 17, 2012
Raj Kumar @ Kalu
.....Petitioner
versus
The State of Haryana
.....Respondents
CORAM:- HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present: Mr.Satbir Gill, Advocate for the petitioner
Ms.Rajni Gupta, Addl. A.G., Punjab
..
VIJENDER SINGH MALIK, J. (Oral)
Raj Kumar @ Kalu, the petitioner seeks pre-arrest bail in a case registered by way of FIR No.23 dated 22.02.2012 at Police Station Sadar, for an offence punishable under sections 363 and 366-A IPC.
It is a case where the petitioner is alleged to have kidnapped Mamta, who is said to have been 17 years old on the date of her kidnapping. Learned counsel for the petitioner submits that the petitioner and Mamta have entered into a wedlock. He further submits that they had filed a joint petition seeking protection of their life and liberty on which this Court passed order dated 18.5.2012 (Annexure P-4) granting them the said protection. He further submits that statement of Mamta was recorded under Section 161 Cr.P.C. in which she told the police that she had gone with Raj CRM-M-15466-2012 - 2 -
Kumar @ Kalu of her own will. He further submits that petitioner and Mamta are staying together.
On the other hand, learned State counsel, on instructions from ASI Satbir Singh, admits the correctness of the submissions made above. He fairly submits that he has no objection to the grant of concession of pre-arrest bail to the petitioner in the given circumstances.
The petition is, consequently, allowed. The petitioner is granted pre-arrest bail to the satisfaction of the arresting/investigating officer subject to the conditions laid down in section 438 sub-section (2) clauses (i), (ii) and (iii) of the Code of Criminal Procedure.
September 17, 2012 (VIJENDER SINGH MALIK)
pc JUDGE
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