Criminal Misc. No. M-4907 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4907 of 2011 Date of decision : 22.02.2011 Bhupinder Kaur @ Bholi ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Dr. P.K. Sekhon, Advocate for the petitioner. Mr. Arshvinder Singh, Deputy Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 175 dated 20.10.2010 under Sections 376/313/201/109/34 IPC at Police Station Patti, District Tarn Taran. The FIR was lodged by Hardeep Singh who stated that an agricultural worker namely Joginder was employed by him about ten years back. The petitioner had been calling the minor daughter of the said worker to her house on the allurement of eatables for the last about four months. The petitioner made Gurjant Singh @ Jantu to have illicit relationship with Ritu Kaur and got her raped without her consent. On 19.10.2010 at about 5.00 p.m. Ritu Kaur disclosed to Amrik Kaur, wife of the complainant, that Criminal Misc. No. M-4907 of 2011 2 she had severe pain in her abdomen. When the matter came to the notice of the petitioner, she administered some medicine to the girl resulting in abortion. It has been alleged in the FIR that prosecutrix was raped by Gurjant Singh and petitioner conspired in the crime. She was also responsible for illegal abortion of the child by giving a medicine. Learned counsel for the petitioner has argued that there is no medical evidence to support the case of the prosecution that prosecutrix actually undergone an abortion. She has referred to report, Annexure P-6 and submits that in the said report there is nothing to show that prosecutrix has actually aborted or was pregnant at all. Learned State counsel has vehemently opposed the prayer for bail. He submits that allegations against the petitioner are of commission of crime under Section 313 IPC which is punishable by life imprisonment. He submits that statement of the prosecutrix has been recorded under Section 161 Cr.P.C. and she has completely supported the version given in the FIR. I have heard learned counsel for the parties. The allegation against the petitioner is that she administered the medicine to the prosecutrix (Ritu Kaur) in order to ensure that she aborted the child and terminated her pregnancy thereby attracting offence under Section 313 IPC. There is also an allegation that Gurjant Singh had been committing rape upon Ritu Kaur in the house of petitioner as she was being allured by the petitioner on the pretext of offering some eatables. In view of the nature of allegations contained in the FIR, I am of the considered view that present petition for pre-arrest bail is devoid of merit and the same is hereby dismissed. Criminal Misc. No. M-4907 of 2011 3 It is, however, directed that in case the petitioner surrenders before the trial court within ten days from today and applies for regular bail, her plea for bail shall be decided within a week thereafter. February 22, 2011 (RAJAN GUPTA) Ajay JUDGE