In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-36737 of 2010 (O&M) Date of decision: 15.12.2010 Kamlesh ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Amit Khatkar, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.669 dated 29.9.2010 under Sections 366, 376 and 120-B of the Indian Penal Code, registered at Police Station City Jind, District Jind. The contents of the FIR, as reproduced in para 1 of the petition, read as under:- “Stated that I am residdent of abovesaid address and married to Nasib Singh s/o Randhir Singh r/o village Badhera District Jhajjar for the last about 8 years. I have three children out of which the elder one is girl Varsha aged 7 years, then Sagar aged 6 years and youngest is Rohit aged 3 years. Due to my incompatibility with my husband I am residing with my mother Prem in a rented Criminal Misc. No.M-36737 of 2010 (O&M) -2- house for the last one year In our neighbourhood at Durga Colony, Kamlesh Caste dhanak is residing with Sunil caste jat r/o Bagru Kalan Tehsil Safidon. I, being a neighbour used to call aunt to Kamlesh and i have visiting terms to their house. On dated 21.8.2010 Kamlesh came to our house and asked that I am taking medicine from doctor who has advised me not to engage in household works so you come with us to Panipat to do household words. I refused but they made me ready for going with them and she was taken alongwith son Rohit to a rented house in Arya Nagar Panipat by Kamlesh and Sunil in their car. I did household work in the day and all four of us slept in one room in night. At about 12 clock in the night, Kamlesh took my son from me out of the room and bolted the room from outside. After that Sunil started teasing me and when I tried to raise the noise my mouth was gagged and rape was committed with me by pressure and against my consent. I could not speak due to fear. I was kept there on next day by Sunil. Rape was committed with me forcibly. Next day kamlesh took me to Jind by bus. My son was also alongwith me. When I reached home, Sunil had already come to Kamlesh's house. He threatened me to kill if I disclosed the matter to anyone. Till today I did not disclose the matter to Criminal Misc. No.M-36737 of 2010 (O&M) -3- anyone due to get ashamed. Now I have told to my mother Prem and approached to SP office to taking action and you have met us here. Bala w/o Balwan caste Dhanak r/o Durga Colony Jind who is sister-in-law of kamlesh is also involved in the matter. Kamlesh and Sunil has committed wrong with me for two days by enticing and taking away to Panipat. Legal action be taken against them. “ After hearing learned counsel for the petitioner, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out The allegations levelled against the petitioner are serious in nature. The petitioner had facilitated her co-accused Sunil to commit rape on the person of the complainant. The petitioner might be required for custodial interrogation. Accordingly, this petition is dismissed. (SABINA) JUDGE December 15, 2010 anita