In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-4685 of 2009 Date of decision: 11.5.2009 Man Singh @ Patwari ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. J.V.Yadav, Advocate, for the petitioner. Mr.Sidharth Sarup, AAG, Haryana. **** SABINA, J. This petition has been filed by Man Singh @ Patwari under Section 439 of the Code of Criminal Procedure (“Cr.P.C. for short) for grant of regular bail in case FIR No. 260 dated 28.8.2008, under Sections 363, 366-A, 376 of the Indian Penal Code (“IPC” for short), registered at Police Station Dharuhera. As per the prosecution case, the petitioner took away the prosecutrix on 28.8.2008 and thereafter, committed offence of rape. Learned counsel for the petitioner has submitted that in the present case, no offence under Section 376 IPC was made out. The prosecutrix was more than 16 years old and had gone with the Criminal Misc. No.M-4685 of 2009 -2- petitioner of her own accord. As per the case of the prosecutrix herself, she was taken to Ludhiana after she was raped in the fields and thereafter, she was taken to Jammu and from there she came to Delhi with the petitioner. Learned State counsel, on the other hand, has opposed this petition. Offence committed by the petitioner is serious in nature. The fact that whether the prosecutrix had gone with the petitioner of her own accord or not will more appropriately be gone into and considered during trial. Now nine prosecution witnesses have already been examined. Prosecutrix had also been examined as PW-8 and she has supported the prosecution case. Keeping in view the seriousness of offence alleged to have been committed by the petitioner, this petition is dismissed. (SABINA) JUDGE May 11, 2009 anita