IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.30561-M of 2008 DATE OF DECISION : DECEMBER 12, 2008 BHUPINDER SINGH @ PRINCE ....... PETITIONER(S) VERSUS STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. SS Goraya, Advocate, for the petitioner(s). Mr. Shilesh Gupta, DAG, Punjab. Mr. Deepak Arora, Advocate, for the complainant. AJAI LAMBA, J. (Oral) This petition under Section 439 Cr.P.C. seeks bail to Bhupinder Singh @ Prince (petitioner) in case FIR No.4 dated 15.1.2008 under Sections 363, 366, 376 IPC, with Police Station, Dasuya, District Hoshiarpur. Learned counsel contends that the alleged victim namely Manpreet Kaur i.e. daughter of the complainant, went with the petitioner of her own free will and got married on 5.3.2008. Photographs, in evidence of marriage, have been placed on record as Annexure P-3. Learned counsel contends that the alliance of the petitioner with Manpreet Kaur was known, therefore, FIR was lodged on 15.1.2008 itself i.e. earlier to the date of Criminal Misc.30561-M of 2008 2 marriage. It has also been brought out that Manpreet Kaur gave her statement under Section 164 Cr.P.C. wherein she categorically admitted having gone with the petitioner of her own will. Argument is that in view of facts and circumstances, it cannot be said that the offence as alleged has been committed. Learned counsel for the respondent-State has not disputed the fact that in the statement given by the prosecutrix under Section 164, Code of Criminal Procedure, she had supported the case of the petitioner to the effect that she had gone with the petitioner of her own accord and voluntarily. Considering the issue in the context of the scope of Section 439, Code of Criminal Procedure, this petition is allowed. Bail to the satisfaction of the trial court. December 12, 2008 ( AJAI LAMBA ) Kang JUDGE