SB Crlmb No.4857/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4857/2010. Javed Vs. State of Rajasthan Date of order : 20/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri M.C. Jain for the petitioner. Shri Amit Poonia, Public Prosecutor for State. Shri Vikram Singh for the complainant. ****** Heard learned counsel for petitioner, learned Public Prosecutor for the State as well as learned counsel for the complainant and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that the prosecutrix in her statement recorded under Section 164 Cr.P.C. that she is 18 years of age and in her statement, she has clearly stated that she had gone with the accused petitioner out of her free will. She married with him and was having pregnancy of seven months and that petitioner did not commit any forcible rape upon her. Learned counsel submitted that when the complainant submitted an application before the Judicial Magistrate for sending the prosecutrix to the Nari Niketan, that application was rejected by the said court SB Crlmb No.4857/10. 2 giving finding that prosecutrix was 18 years of age and therefore there was no justification for sending her to the Nari Niketan. Petitioner is in jail since 25/4/2010 and investigation is complete. Learned Public Prosecutor and the learned counsel for the complainant have opposed the bail application and submitted that prosecutrix is minor and she is not major. Finding recorded by the learned Magistrate is not contrary to record. Without expressing any opinion on the merits of the case but having regard to the facts and circumstances of the case, I am inclined to enlarge the accused petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Javed S/o Rahmat Baksh shall be released on bail in FIR No.27/2010 P.S. Galta Gate, Jaipur for offence u/Ss.366 and 376 IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial. (MOHAMMAD RAFIQ), J. anil