IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.20872-M of 2008 DATE OF DECISION : AUGUST 27, 2008 AMARJIT KAUR ....... PETITIONER(S) VERSUS STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr.Sarju Puri, Advocate, for the petitioner(s). Mr. KS Sidhu, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Section 438, Code of Criminal Procedure, seeks grant of anticipatory bail to the petitioner in FIR No.132 dated 23.5.2008 under Sections 363, 366, 376, Indian Penal Code, Police Station, Maqsudan, District Jalandhar. The contention of the learned counsel for the petitioner is that the brother of the petitioner got married with prosecutrix-Baby daughter of Asha Rani (complainant). An affidavit sworn by the prosecutrix on 19.5.2008 has been appended as Annexure P-1 and the photographs showing consent of the prosecutrix have been placed on record as Annexure P-3, collectively. Annexure P-4 is purportedly the marriage certificate. It is also contended that the prosecutrix herself was 17 years of Criminal Misc.20872-M of 2008 2 age and, therefore technically, it was not against the wishes of the prosecutrix that the act was committed. Learned counsel for the respondent-State has confirmed the fact that the prosecutrix was more than 16 years of age. Having regard to the documents placed on record and the fact that the petitioner is a lady whereas the main offence alleged is under Section 376, Indian Penal Code, the petition is allowed. Order dated 19.8.2008 is hereby made absolute and it is directed that in the event of arrest, the petitioner shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions :- i) the petitioner shall make herself available for interrogation as and when required; ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and iii)the petitioner shall not leave India without the previous permission of the Court. This order shall enure till 10 days after the petitioner receives a notice of filing of final report u/s 173, Cr.P.C, within which period, the petitioner would be at liberty to apply for regular bail. August 27, 2008 ( AJAI LAMBA ) Kang JUDGE