IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-29019 of 2009(O&M) Date of decision: 4.11.2009 Jaswinder Kaur .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. G.P.S. Bal, Advocate for the petitioner. Mr. Mehardeep Singh, Deputy Advocate General, Punjab. .. Rajesh Bindal J. The allegation against the petitioner in the FIR is that son of the petitioner had raped the prosecutrix in November, 2008 and subsequent thereto and on account of that, the prosecutrix became pregnant and a child was delivered on 14.7.2009. The FIR was registered thereafter on 25.7.2009 with the allegation that the petitioner had also connived with her son. DNA of the child and son of the petitioner, against whom specific allegations were made in the FIR, was conducted and it has been opined that the same are not matching. It has been stated by leaned counsel for the State that after DNA report was received on 10.9.2009, the prosecutrix had got her statement recorded on 20.9.2009 naming 7-8 more boys of the village. However, considering the fact that son of the petitioner is not found to be involved in the alleged incident, I do not find that custodial interrogation of the petitioner is required. Accordingly, it is directed that in case the petitioner is sought to be arrested, she shall be released on bail to the satisfaction of the Arresting/ Investigating Officer. She shall appear before the Investigating Officer as and when called upon for investigation. She shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. (Rajesh Bindal) Judge 4.11.2009 mk