IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-30033 of 2009 Date of decision : 07.12.2009 Satpal … Petitioner Versus State of Punjab. …Respondent Present: Mr.Sushil Gautam, Advocate for the petitioner. Mr.P.S.Grewal, AAG, Punjab. S.S.Saron, J. The petitioner-Satpal has filed the present petition seeking regular bail in a case registered on 10.08.2009 against him for the offence punishable under Sections 363, 366-A, 366 IPC at Police Station Sadar Abohar, District Ferozepur. FIR in the case has been registered on the statement of Gurvinder Singh-complainant. He has alleged that his younger sister, (prosecutrix) aged 17 years had been doing household work. On 31.7.2002 at about 6:00 p.m., when the complainant and other family members returned home after working in their fields, they saw that their younger sister (prosecutrix) was not present in the house. They searched for her but could not trace her. Later, they came to know that she had been enticed by the petitioner Satpal for marriage. The prosecutrix had been staying with her aunt (Bua) Bhagwani from the beginning. The petitioner-Satpal had been studying in the same school. According to the learned counsel for the petitioner, the petitioner and the prosecutrix have solemnized their marriage amongst themselves. She prosecutrix is a major and her date of birth, as per birth certificate (Annexure Crl.Misc.No.M-30033 of 2009 P-1) is 16.9.1989. Learned counsel for the petitioner has produced the prosecutirx in Court and she is identified by her counsel as well as the Inquiry Officer, ASI Naib Singh, Police Station Sadar Abohar. She has stated that she has solemnized her marriage with the petitioner Satpal of her own free will and desire. In response, learned State counsel has submitted that prosecutrix is a minor and her date of birth is 21.10.1992 as per the matric certificate. Therefore, it is submitted that statement made by her is absolutely inconsequential. After giving my thoughtful consideration to the matter, it may be noticed that the allegations against the petitioner are that he had enticed the sister of the complainant for marrying her. According to the petitioner, the date of birth of the prosecutrix is 16.9.1989. A reference has been made to the certificate (Annexure P-1) which has been issued by the Registrar of Births and Deaths, Punjab in which the name of the prosecutrix has been mentioned and she is recorded as daughter of Nachhatar Singh. The petitioner is stated to have solemnized his marriage with the prosecutrix on 3.8.2009 in Arya Samaj Mandir, Sector 56, Chandigarh. Certificate of marriage (Annexure P-2) issued by the Arya Samaj Mandir, Sector 56, Chandigarh has been placed on record. A reference is also made to the affidavit (Annexure P-3) of the prosecutrix wherein she has stated that she had solemnized her marriage with the petitioner of her own sweet will and her family members were not agreeable. Due to the said reason, her brother has registered a false case against the petitioner. The police had arrested her husband and also arrested her. The prosecutrix was sent to Nari Niketan and her husband Satpal was sent to sub jail, Fazilka. After recording the statement of the prosecurix before the learned Judge, it is stated that she was sent to the house of her 2 Crl.Misc.No.M-30033 of 2009 husband with her mother-in-law and father-in-law where she was staying happily Having considered the facts and circumstances of the case, the question that requires to be determined in the case is as to whether the prosecutirx was a major or not on the date of solemnization of her marriage with the petitioner. The same is to be considered and gone into by the prosecution or the court after trial when evidence has been recorded. At this stage, there is no material on record from which it can be inferred that at the time of solemnization of the marriage of the prosecutirx with the petitioner on 3.8.2009, the prosecutrix was less than 18 years of age in view of her birth certificate (Annexure P-1). In the facts and circumstances of the case, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Ferozepur shall be admitted to bail. [ S.S.Saron ] Judge 07.12.2009 sd 3