Crl. Misc. No.M-2975 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-2975 of 2010 Date of Decision: 08.04.2010 Jaspreet Singh ....Petitioner Versus State of Punjab ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Sandeep Arora, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G., Punjab for the respondent-State. ***** 1. Whether Reporters of Local Newspapers 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 ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 439 of Cr.P.C for grant of regular bail to the petitioner in case FIR No.365 dated 27.12.2007 under Sections 363-A, 366, 376, 506 and 120-B IPC registered at Police Station Sadar, District Jalandhar. It is contended by learned counsel for the petitioner that the petitioner was married to the prosecutrix. The marriage certificate has been placed on record as P-2. Subsequently, the petitioner along with the prosecutrix had also filed Crl. Misc. No.M-43568 of 2007, seeking protection to their life and liberty as they had married against the wishes of their respective parents. Subsequently, the prosecutrix left the petitioner Crl. Misc. No.M-2975 of 2010 2 and started residing with her parents. Presently, it is confirmed that she has gone to CANADA. Attention of this Court has been invited to definition of Section 375 of Indian Penal Code. Exception to the said definition reads as under :- “375. Rape exception : Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.” Admittedly, the prosecutrix was more than 15 years and she was married to the present petitioner. In view of the above, bail to the satisfaction of Chief Judicial Magistrate, Jalandhar. (NIRMALJIT KAUR) Judge 08.04.2010 gurpreet