Cr.MP(M) 1192/08 26.11.2008 Present: Mr. Imran Khan, Advocate, for the petitioner. Mr.J.S.Guleria, Law Officer, for the respondent-State. Heard. The petitioner is apprehending his arrest in FIR No.89 of 2008 registered under sections 363 and 366 of the Indian Penal Code in Police Station, Kihar, Tehsil Saluni, District Chamba (H.P.), as such the application has been moved for pre- arrest bail. On 14.11.2008 the petitioner was enlarged on bail and the case was listed for 21.11.2008, on which date the petitioner was present along with the prosecutrix. However, he was directed to join the investigation of this case. Police report perused. The statement of the prosecutrix has been recorded by the police. She was stated to be minor by the father of the prosecutrix, whereas as per school record, her date of birth is 15.12.1989 i.e. about 18 years at the time of alleged offence, which is the stage of discretion. The prosecutrix has refused to undergo medical examination and she has stated in her statement recorded under section 161 Cr.P.C. that she joined the company of the petitioner voluntarily and solemnized the marriage with him on 20th October,2008. Keeping in view the aforesaid facts, the pre-arrest bail cannot be denied to the petitioner. Accordingly, the interim bail granted on 14.11.2008 is hereby confirmed subject to the conditions mentioned therein. The application stands disposed of. Copy Dasti on usual charges. Nov.26,2008 (Surinder Singh),J. (D)