IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-20053 of 2011 Date of Decision: August 25, 2011 Pargat Singh ..... Petitioner Versus State of Punjab ..... Respondent CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Rahul Sharma, Advocate, for the petitioner. Mr. A.S. Rai, DAG, Punjab. RAKESH KUMAR JAIN, J. This is a petition for bail in a pending trial case registered vide FIR No.157 dated 26.10.2010 under Sections 376 and 451 IPC at Police Station Sadar Nabha, District Patiala. The allegation against the petitioner is that he entered into the house of the complainant while she was sleeping with her three children. He entered into her room and committed rape with the complainant, whereas husband of the complainant was also there on the first floor of the house. The petitioner is in custody since 31.10.2010. The petitioner is neither previous convict nor any other case pending against him. It is submitted by learned counsel for the petitioner that no rape is committed by the petitioner and for the sake of arguments, if it is considered to be so, the prosecutrix was a consenting party. Be that as it may, after taking into consideration the facts and circumstances of the case but without making any observation on the merits, this bail application is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. (RAKESH KUMAR JAIN) 25.08.2011 JUDGE manju