IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M 3206 of 2009 (O&M) Date of decision: 4.2.2009. Rajiv Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE HARBANS LAL Present: Mr.Binderjit Singh, Advocate for the petitioner *** Harbans Lal, J. This petition has been moved by Rajiv Kumar petitioner under Section 439 read with Section 482 of Cr.P.C. seeking regular bail in case FIR No.794 dated 13.10.2008 registered under Sections 363, 366, 376 of IPC at Police Station Kotwali Bathinda. The facts in brief of the prosecution case are that the petitioner enticed away Punita on 9.10.2008. She was recovered from his custody on 14.10.2008. She in her statement specifically stated that the petitioner had taken her away forcibly on a rikshaw on 9.10.2008 and committed sexual intercourse with her against her wishes near Thermal Plant Bathinda. Then he took her to Delhi in a train and kept her there for about 4/5 days. He took her back to Bathinda on 13.10.2008. The offence under Section 376 of IPC was also added. I have heard the learned counsel for the petitioner. CRM No.M 3206 of 2009 (O&M) -2- As per the copy of the school certificate, the date of birth of the prosecutrix is 5.7.1995. Thus obviously, she was about 13 ¼ years of age at the time of commission of offence. If the petitioner is admitted to bail, he may hamper with the prosecution evidence or flee from justice. That being so, I do not deem it appropriate to admit bail to the petitioner at this stage. Sequelly, this petition is dismissed. February 4, 2009 (Harbans Lal) gsv Judge