IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-14823 of 2010 Date of decision : 6.7.2010 Arti …. Petitioner Versus State of Haryana …. Respondent Present : Mr. Tarundeep Kumar, Advocate for the petitioner. Mr. K.C. Gupta, Sr. DAG, Haryana. Mr. P.K. Chugh, Advocate for the complainant. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against her on 4.3.2009 for the offences under Sections 363, 366, 376 and 120-B IPC. The FIR in the case has been registered on the statement of Mohinder Singh, father of the prosecutrix. According to the prosecution case, the offence of rape was committed by Vishnu. The petitioner is alleged to have facilitated him to commit rape of the prosecutrix. According to the prosecutrix, the petitioner who was residing in their neighbourhood was of not good behaviour. Narender, Crl. Misc. No. M-14823 of 2010 [2] brother of the petitioner, besides, Vishnu and Ravi Pal were her nephews. The petitioner used to say that the said three persons were good persons and she can be on friendly terms with them. The petitioner used to show obscene films to the prosecutrix; besides, made her read obscene letters. The prosecutrix had gone to Arti’s (petitioner’s) house on 24.2.2009 where Gaurav had come. The petitioner left them alone in a room and Gaurav forcibly attempted to commit a wrongful act but had remained unsuccessful. He had undressed her but she fled away. The prosecutrix informed her mother about the incident. On the next day of the incident at 9.30 am, when the prosecutrix was going to school, Ravi Pal, Vishnu and Narender came on a motorcycle and Ravi Pal said that he would drop her (prosecutrix) at her school on his motorcycle. Narender got down from the motorcycle and Ravi Pal made the prosecutrix to get on the motorcycle but instead of dropping her at the school took her to Fatehabad where Narender was there at the bus stand. Then all four of them went to Ding Mandi on the motorcycle. There they went to a room. Narender and Vishnu had left the room. After seeing the prosecutrix alone, Ravi Pal tried to commit a wrongful act against her wishes but could not do so. On 26.2.2009, Vishnu had forcibly committed sex with the prosecutrix against her wishes. On 27.2.2009, Narender and Vishnu took the prosecutrix to Delhi where they had taken a room. There they committed rape on her. Crl. Misc. No. M-14823 of 2010 [3] The petitioner herself is a lady and therefore, cannot be said to have committed the offence of rape. However, the allegations that she facilitated the commission of crime of kidnapping and rape are to be established by the prosecution. The application for anticipatory bail filed by the petitioner was declined by this Court on 16.3.2010. Thereafter, the petitioner was arrested on 5.5.2010. Since then, she is in custody. Learned counsel for the State has submitted that the custody of the petitioner is not required for the purposes of investigation. The challan in the case has been filed. The case is now fixed for evidence of the prosecution for 16.7.2010. It may be noticed that the trial in the case would take time. In the facts and circumstances, the Crl. Misc. petition is allowed and the petitioner on her furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Hisar shall be admitted to bail. July 6, 2010 (S.S.SARON ) amit JUDGE