Criminal Misc. No. M-16093 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-16093 of 2011 (O&M) Date of decision: 26.7.2011 Harbhajan Kaur .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Arun Takhi, Advocate for the petitioner. Mr. Abhishek Chautala, Assistant Advocate General, Punjab. ... Rajesh Bindal J. The petitioner is accused in FIR No. 46 dated 27.4.2011, registered under Sections 376/511/506/120-B IPC, Police Station, Sadar Hoshiarpur got registered by her daughter on the allegations that one Rakesh Kumar tried to commit rape on the complainant and the petitioner is taking his side. Father of the complainant having expired, the petitioner was having some illicit relations with Rakesh Kumar. The petitioner is in custody since 28.4.2011. She was not medically examined immediately after the incident, as there is no MLR on record. Learned counsel for the State submitted that earlier also one incident of similar type had taken place and the complainant had reported the matter to her maternal uncle and once to her Bhua. However, at that time, the matter was sorted out, but still Rakesh Kumar had tried to molest the complainant and tried to commit rape. He did not dispute the fact that there is no medico-legal report of the complainant on record. After hearing learned counsel for the parties and considering the fact that the allegation against the petitioner is that she is siding with the accused who had tried to commit rape with the complainant and only certain allegations have been levelled by the prosecutrix against her Criminal Misc. No. M-16093 of 2011 [2] mother in the FIR and further there being no medico-legal report as the prosecutrix was not examined immediately after the alleged incident, in my opinion, the petitioner deserves to be released on bail pending trial. Let the petitioner be released on bail pending trial on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Hoshiarpur. The petition stands disposed of. (Rajesh Bindal) Judge 26.7.2011 mk