IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-36009 of 2010 Date of Decision: 14.01.2011 Pardeep Kumar .... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Hemen Aggarwal, Advocate for the petitioner Ms. Bhavna Gupta, DAG Punjab for the respondent – State 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) This is an application under Section 439 Cr.P.C. seeking regular bail in a case FIR No. 339 dated 13.5.2010 under Sections 363/366/376/120-B IPC registered at Police Station Kotwali, Bathinda. Perusal of the record reveals that date of birth of the prosecutrix is 25.5.1995, therefore, she was minor on the date of occurrence i.e. 13.5.2010. It is reported that petitioner has raped the minor against her wish and consent. Learned counsel for the petitioner has argued that this is a case of love affair and prosecutrix wanted to marry with the petitioner, hence, sexual intercourse was performed with her consent and willingness. Since petitioner was less than 16 years of age, hence, there can not be any consent and will from the side of the prosecutrix. Crl. Misc. No. M-36009 of 2010 2 At this stage, learned counsel for the petitioner seeks permission to withdraw this petition. Petition is dismissed as withdrawn. (ALOK SINGH) 14.01.2011 JUDGE reena