IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-10932 of 2009 Date of decision : July 07, 2009 Gora Singh alias Sukhjit Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Rajesh Gupta, Advocate for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Gora Singh alias Sukhjit Singh has filed this petition for bail in case FIR No. 162 dated 10.12.2008 under sections 363, 366-A IPC lateron added section 376 IPC, Police Station Bhikhi District Mansa. According to the prosecution version, the petitioner kidnapped the prosecutrix aged less than 15 years and committed rape on her. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner contends that the prosecutrix voluntarily accompanied the petitioner and married with him. However, the prosecutrix being less than 15 years could not have apparently married herself with the petitioner. On the other hand, the petitioner induced her to accompany him and committed sexual intercourse with her. The same even with her consent would amount to rape if she is aged less than 16 years. Criminal Misc. No. M-10932 of 2009 -2- Learned counsel for the petitioner further contends that the prosecutrix has now been married by her parents with some other boy. However, it would not give a ground to the petitioner to seek bail for serious offence under section 376 IPC. It may be mentioned that according to the birth certificate, the date of birth of the prosecutrix is 15.3.1994 and she was aged less than 15 years at the time of occurrence. In view of the aforesaid but without meaning to express any opinion on the merits, the instant petition for bail is dismissed. ( L.N. Mittal ) July 07, 2009 Judge 'dalbir'