IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-66 of 2009 Date of decision : 14.05.2009 Mukesh Kumar Mittal ....Petitioner V/s State of Haryana ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ashwani Talwar, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG Haryana. RAJAN GUPTA J. (ORAL) Learned counsel for the petitioner has taken a plea that offence under Section 376 IPC is not made out as ingredients of the same were not attracted. As per defination of 'rape' as contained in Section 375, no offence is not made out even under the clause 'fourthly'. Notice of motion was issued and petitioner was asked to join the investigation. Learned counsel for the State, on instructions from ASI Shiv Lal, who is present in Court submits that petitioner has joined the investigation subsequent to order dated 24.02.2009 and is no longer required for custodial interrogation. In the facts and circumstances of the case, order dated 24.02.2008, granting ad-interim anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as envisaged under Section 438(2) Cr.P.C. 14.05.2009 (RAJAN GUPTA) Ajay JUDGE