Crl. Misc. No. M-34129 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-34129 of 2011 Date of Decision : 20th December, 2011 Deepak .... Petitioner Versus State of Haryana .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Surender Saini, Advocate for the petitioner. Mr. Anil Kumar, Deputy Advocate General, Haryana. * * * L. N. MITTAL, J. (Oral) : Accused Deepak has filed the instant petition for regular bail in case FIR No.129 dated 02.05.2011 under Sections 363, 366 and 34 IPC, registered at Police Station Ganaur, District Sonepat. I have heard learned counsel for the parties and perused the case file. The petitioner and his co-accused Kuldeep allegedly enticed the prosecutrix (a minor) on 27.04.2011 from village Udeshipur in District Sonepat. They took her to Hisar on motorcycle. Another co-accused Rinku met them on the way. She was left at Hisar with Rinku. Petitioner and Kuldeep went away. Rinku took the prosecutrix to Shimla and committed sexual intercourse with her. They came back to Hisar after four days. Rinku also took her to Chandigarh and again to Hisar and then to Sonepat. He left her at bus stand Sonepat and came next day there. She kept on Crl. Misc. No. M-34129 of 2011 -2- waiting for him there. Ultimately she was recovered on 27.08.2011 from paying guest house in Hisar. Learned State counsel on instructions from ASI Satbir Singh stated that date of birth of the prosecutrix is 10.08.1993. Her age as on 27.04.2011, the date of occurrence, was thus 17 years 8 months 17 days. She had crossed the age of 18 years when she was recovered on 27.08.2011. The prosecutrix remained in company of Rinku for four months and visited different places. She even remained for a day and night alone at bus stand Sonepat. But she did not escape from there and did not go to her parents. Even otherwise Rinku may be the main culprit whereas petitioner and Kuldeep did not remain in the company of the prosecutrix after 27.04.2011 although prosecutrix remained in company of Rinku for four months till 27.08.2011. The petitioner is in custody since 09.09.2011 i.e. for more than three months. Investigation has already been completed and challan presented. Trial is likely to take time. Keeping in view aforesaid circumstances, but without meaning to express any opinion on merits of the case, the instant bail petition is allowed. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sonepat. 20th December, 2011 ( L. N. MITTAL ) 'raj' JUDGE