IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 1054 of 2011 Date of decision: 20.12.2011 Pushpa Bhardwaj W/o Sh. Nek Ram Bhardwaj S/o Sh. Basakhu Ram Bhardwaj R/o Diesel Powerhouse, Idgah, Shimla,H.P. and permanent resident of Village Baluwala, P.O. Prithipur, Khera, Tehsil Vikasnagar, Distt. Dehradun, Uttranchal. …. Petitioner Vs. State of Himachal Pradesh ….. Respondent Application U/S 438 Cr.P.C. for grant of pre-arrest bail in FIR No. 255/2011 dated 23.11.2011, U/S 363, 366, 120-B of Indian Penal Code, registered with P.S. and Sub-Tehsil, Dharmpur, Tehsil Sarkaghat, Distt. Mandi, H.P. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Kr. Virender Singh, Advocate. For the Respondent : Ms. Ruma Kaushik, Additional Advocate General. Kuldip Singh, Judge (Oral) This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 255 of 2011 dated 23.11.2011 registered at Police Station, Sarkaghat, District Mandi, under Sections 363, 366A, 120-B IPC. 2. It has been stated that the petitioner has been falsely implicated in FIR No. 255 of 2011 dated 23.11.2011 registered at Police Station, Sarkaghat. The petitioner has nothing to do with the Whether the reporters of the local papers may be allowed to see the Judgment?yes 2 commission of alleged offence. The petitioner is innocent. The petitioner came to know about the case from the newspapers. 3. The boy Sanni is son of one Mohan Bahadur and not of the petitioner. Sanni had been working as servant in the house of the petitioner since long. Sanni without informing the petitioner and his family members left the services of the petitioner and had absconded, a report to this effect has been lodged at Police Station, Sehaspur, District Dehradun on 20.11.2011. Smt. Bitto Devi mentioned in FIR is the daughter-in-law of the petitioner. 4. On account of the registration of the case the petitioner is apprehending her arrest in the case. The petitioner is innocent, she has committed no offence. The petitioner has not visited village Didnu, Tehsil Sarkaghat for the last several years except attending the family functions. The husband of the petitioner is settled in Dehradun. The petitioner is ready to join investigation and furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail. 5. The status report has been filed and bail application of the petitioner has been opposed. It has been stated that case has been registered on the basis of statement under Section 154 Cr.P.C. of Ramesh Chand recorded on 23.11.2011. It has been stated that on 19.11.2011daughter ‘R’ of the complainant had gone to Senior Secondary School, Baroti. The date of birth of ‘R’ is 14.5.1995. She returned home in the evening but is missing since 20.11.2011 morning, she was not found in her bed at 5.00 a.m. She was searched here and there but her whereabouts are not known. Mamta friend of ‘R’ told that 3 when school was over, ‘R’ was called by Bitto at her residence. Pawan Kumar, Nek Ram, petitioner and Sanni were present in the house of Bitto Devi. Mamta was asked to sit outside the room and ‘R’ was taken inside the room. The school bag of ‘R’ was also kept there and ‘R’ went home. When ‘R’ came out of the room her face was showing that she was under fear. It has been alleged that Bitto, Pawan Kumar, Nek Ram and petitioner in connivance with each other wanted to marry ‘R’ with Sanni against her wish and they have kidnapped her. On 21.11.2011 Nek Ram told on mobile that ‘R’ was with him and in case hue and cry is made then the complainant would be put to trouble. Nek Ram is staying at Dehradun but visits his ancestral village Didnu some times. 6. It has come during investigation that date of birth of ‘R’ is 14.5.1995. Nek Ram had reported that Sanni is his adopted son. Sanni is also known as Sunil. Sheela Devi resident of village Didnu had talked to the petitioner on mobile phone and asked her to send back ‘R’. Smt. Bitto Devi remained in constant touch with petitioner on mobile phone since 21.11.2011 onwards. Sunil is the real son of petitioner. ‘R’ and Sanni were searched in the house of Nek Ram in village Baluwala Tehsil Vikasnagar but they were not found there nor petitioner and Nek Ram were found there. Pawan Kumar taxi driver has stated that he dropped a man and a woman, a girl and a boy at Bilaspur bus stand on payment of ` 2,000/-. Nek Ram disclosed that when he was going to Baroti in marriage, Sanni dropped at Baroti and thereafter he did not meet him. It has been stated that Nek Ram and petitioner are giving conflicting statements. The petitioner lodged missing report of Sanni on 23.11.2011 at Sehaspur Police Station where she has given name of 4 her husband as Megh Raj. The age of ‘R’ has been shown 21 years in the certificate given by the Chief Medical Officer, Dehradun. As per the another certificate, Sanni and ‘R’ have solemnized marriage on 1.12.2011. In that certificate, the name of father of Sanni has been given as Nek Ram. The petitioner is Ward Panch of Gram Panchayat, Baluwala and President of Mahila Mandal, Baluwala. She is quite clever. It has been stated that till now ‘R’ has not been traced. The prayer has been made for rejection of the bail application. 7. I have heard both sides and perused the police file. The learned counsel for the petitioner has stated that Nek Ram Bhardwaj husband of the petitioner has already been granted bail under Section 438 Cr.P.C. by this Court in Cr.MP(M) No. 992 of 2011 on 5.12.2011. In brief, the case of the investigating agency is that petitioner, her husband, Sanni and others in connivance with each other have kidnapped ‘R’ for marrying her with Sanni who is son of petitioner and Nek Ram. The date of birth of ‘R’ is 14.5.1995. According to investigating agency, as per petitioner Sanni had been working as servant with her at Vikasnagar. But according to investigating agency, Sanni is real son of petitioner. In the police file, there is photocopy of age certificate dated 26.11.2011 issued by the Chief Medical Officer, Dehradun, it bears the signatures of ‘R’. The medical age of ‘R’ D/o Ramesh Chand as per age certificate is 21 years. In the police file, there is another copy of marriage certificate dated 1.12.2011 issued by the Registrar-II, Hindu Marriages Vikasnagar (Dehradun), Uttarakhand certifying that Sanni S/o Nek Ram and ‘R’ D/o Ramesh Chand got married on 1.12.2011. In view of marriage certificate dated 1.12.2011 5 primafacie, Sanni and ‘R’ are married. As per age certificate ‘R’ was 21 years before marriage. At this stage, whether Sanni is the real son of petitioner or adopted son or servant is not much material. The petitioner has made out a case for grant of bail under Section 438 Cr.P.C. 8. In view of the above discussion, the application is allowed. In the event of arrest of the petitioner in FIR No. 255 of 2011 dated 23.11.2011 registered at Police Station, Sarkaghat, District Mandi, under Sections 363, 366A, 120-B IPC, she is ordered to be released on bail on her furnishing personal bond in the sum of ` 25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the condition that the petitioner shall continue to join the investigation as and when called by the Investigating officer and shall not terrorise or overawe the prosecution witnesses nor shall tamper with the prosecution evidence in any manner. The petitioner being woman shall be interrogated strictly in accordance with law. 9. The observations made in this judgment are for disposal of bail application only and the same shall not be construed as an expression of opinion on the merits of the case. Copy Dasti. December 20, 2011. ( Kuldip Singh) (GR) Judge.