Crl.M.No.30199-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.30199-M of 2010 Date of Order: 28.10.2010 Sona Singh and another .....Petitioners Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. O.P. Kamboj, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 438 Cr.P.C is for grant of anticipatory bail on behalf of husband and his father in case FIR No.89 dated 29.5.2009 under Sections 363/366-A(376 added later on) IPC, P.S Sadar Jalalabad District Ferozepur. Learned counsel submits that both the petitioners were granted regular bail for the offence under Sections 363/366-A IPC vide orders dated 5.2.2010 (P.3) and 16.1.2010 (P.4) respectively on the allegations of having abducted Sunita on 14.5.2009, who was subsequently recovered by the police on 24.12.2009. He further submits that in fact Sunita of her own sweet will had accompanied petitioner No.1-Sona Singh and solemnized the marriage. They both had filed a petition bearing Crl.M.No.14479-M of 2009 (P.5) before this court for grant of protection from this Court. It is submitted that petitioner No.1 and Sunita were blessed with a child. It is further submitted that since Sunita Rani was taken away by her parents, Crl.M.No.30199-M of 2010 #2# petitioner No.1-Sona Singh was constrained to file a petition under Section 9 of the Hindu Marriage Act for restitution of his conjugal rights. In the said proceedings, Sunita made a statement on 22.9.2009 (P.6) before this Court that she was legally wedded wife of petitioner No.1-Sona Singh and was living with the family of petitioner No.1 at her matrimonial home. Learned state counsel, on instructions from HC Sarabjit Singh, states that said Sunita was in the age group of 16 to 18 years at the time of occurrence and that in the present case, challan has been presented and custodial interrogation of the petitioner is no longer required. Without expressing any opinion on the merit of the case and taking into account the facts of the case, I find that no useful purpose would be served to keep the petitioner in custody. Accordingly, petition is allowed and the petitioners are ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Ferozepur. October 28, 2010 ( JASWANT SINGH ) manoj JUDGE