Crl. Misc. No. M-480 of 2011 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-480 of 2011 (O&M) Date of decision : 21.3.2011 Billu ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Satish Chaudhary, Advocate for the petitioner. Mr. Vikas Malik, AAG, Haryana. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 363, 366 and 376 IPC at Police Station Nuh, District Mewat, vide FIR No.151 dated 20th March, 2010. Learned counsel for the petitioner contends that prosecutrix is living with the family of the petitioner and it is highly unlikely that she will depose in favour of the prosecution case. He further submits that petitioner is in custody since 6th April, 2010 and trial is still at its initial stage. Learned State counsel has filed a status report and prays that the same be taken on record. The prayer is accepted. The report is taken on record. While referring to the said report, learned counsel submits that 8/9 months after the occurrence, the prosecutrix left her Crl. Misc. No. M-480 of 2011 parental house and solemnized marriage with Sikka son of Samju, brother of the petitioner according to Muslim custom and rites and is residing with him at present. According to him, Sikka is real brother of the petitioner. He further submits that she is hale and hearty in her matrimonial home. I have heard learned counsel for the parties and given careful thought to the facts of the case. In view of the aforesaid contentions, particularly that prosecutrix is married to brother of the petitioner and is residing with him, period of custody of the petitioner and the fact that the trial is at its initial stage, I am of the considered view that no useful purpose will be served by detaining the petitioner in custody any longer. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Nuh. (RAJAN GUPTA) JUDGE 21.3.2011 'rajpal'