CRM NO. M-36700 OF 2010(O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM NO. M-36700 OF 2010(O & M) DECIDED ON : 25.01.2011 Mamta ...Petitioner versus State of Haryana ...Respondent CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. S. R. Hooda, Advocate, for the petitioner. Mr. P. M. Anand, Additional AG, Haryana. K. C. PURI, J. (ORAL) Mamta w/o Radhey Shyam has applied for regular bail in case FIR No.303 dated 26.10.2010 under Sections 363/ 366/ 376/ 342/ 120-B/34 IPC registered at Police Station Sadar, Sonepat. As per allegations of the prosecution, prosecutrix was the student of 8th class. Monu-the main accused took the prosecutrix to railway station from where they went to Amritsar by train. It is further alleged that he took her to the outskirts of Amritsar in house of his sister Chanda. Chanda sent the prosecutrix and Monu in a room where Monu performed illegal act with her. It is further alleged that then Monu took the prosecutrix to the house of his another sister Mamta (the present petitioner). CRM NO. M-36700 OF 2010(O & M) -2- They stayed in a room there, where Monu again committed illegal act with the prosecutrix. Then Monu took her to his uncle's house in Amritsar by rickshaw and committed rape upon the prosecutrix. He also performed forcible marriage with the prosecutrix at Model Town Mandir, Amritsar. It is further alleged that petitioner along with her sister and Monu, had taken signatures by intimidating prosecutrix that she is aged about 19 years whereas she is aged 14 years. Learned counsel for the petitioner has submitted that petitioner has given affidavit that she is aged 19 years and she has already filed complaint in the Court of Judicial Magistrate Ist Class, Amritsar wherein she has made allegations against the parents. It is further submitted that the petitioner is having three children out of which one is breast feeding and she is in custody since 14.11.2010. Learned State counsel has opposed the prayer and has stated that as per School Certificate, the date of birth of prosecutrix is 26th June, 1996. I have considered the submissions made by both the sides and have gone through the records. The petitioner is stated to be having three children out of which one is breast feeding. So, without commenting on the merits of the case and keeping in view the welfare of minor children, the petition stands allowed. CRM NO. M-36700 OF 2010(O & M) -3- Bail to the satisfaction of trial Court. JANUARY 25, 2011 (K. C. PURI) shalini JUDGE01