1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Bail Application No. 7510/2010 Murari Vs State of Rajasthan through PP 24.9.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Rohan Jain - for the petitioner Mr GS Fauzdar, PP - for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that if the statement of the prosecutrix recorded under section 164 CrPC is looked into then it comes out that if any allegation exists it is against Ramdhan, though, basically, there is a dispute regarding marriage of Ramdhan and prosecutrix and transaction of money. So far as petitioner is concerned, no allegation for commissioning of offence under section 376 IPC is made out. Looking to the aforesaid, petitioner may be enlarged on bail. Learned Public Prosecutor as also IO of the case submit that main allegation exist against Ramdhan and there exists dispute regarding marriage of Ramdhan with prosecutrix and transaction of money. After considering rival submissions of the parties and 2 without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that petitioner deserves to be enlarged on bail. Accordingly, the bail application is accepted and it is directed that accused-petitioner namely; Murari may be enlarged on bail under section 439 CrPC in FIR No. 39/2010 registered at Police Station – Nahargarh, Baran for offence under Section/s 363, 366 and 376 IPC provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (MN BHANDARI), J. bnsharma