Criminal Misc.-M No. 28420 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 28420 of 2011 (O&M) Date of decision: 12.10.2011 Deepak Kumar @ Deepak Sharma @ Sonu .. Petitioner Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. SPS Sidhu, Advocate for the petitioner. Mr. P. S. Bajwa, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner. The FIR has been got registered by Rekha Rani stating that the petitioner had been visiting her parental home since 2002. He established physical relations with her promising that he will marry her. On 6.3.2010, the petitioner took the complainant to Kathua (J&K), where they solemnised marriage and lived as a couple. It is further stated that on 18.10.2010, the parents of the petitioner took him away and thereafter his whereabouts are not known. The FIR was registered under Section 420, 376/34 IPC. Learned counsel for the petitioner submitted that the petitioner had married the complainant. They had lived for a period of about eight months at Kathua (J&K), hence the allegations regarding cheating and rape are not made out. The allegations in the FIR that the petitioner was having sexual relations with the complainant since 2002 are not relevant at this stage, when admittedly the parties had married subsequently. On the other hand, learned counsel for the State submitted that marriage between the parties is admitted by the complainant herself in the complaint and statement recorded subsequently. Criminal Misc.-M No. 28420 of 2011 [2] After hearing learned counsel for the parties and considering the fact that the complainant as well as the petitioner had admittedly solemnised marriage in March, 2010 and they lived in Kathua till October, 2010, in my opinion, for any dispute which arose, the petitioner is not required to be taken into custody on the allegations of rape and cheating and he deserves concession of pre-arrest bail. He is directed to appear before the Investigating Officer on 20.10.2011 at 10.00 AM for joining investigation. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. Disposed of. (Rajesh Bindal) Judge 12.10.2011 mk