Crl. Misc. No. M-22211 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-22211 of 2010 (O&M) Date of Decision: August 20 , 2010 Tajinder Singh ........Petitioner Versus State of Punjab .......Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Vipin Mahajan, Advocate, for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. Mr. S.S. Khaira, Advocate, for the complainant. SABINA, J. Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.84 dated 27.3.2010, under Sections 376,363,366,120-B of Indian Penal Code (in short 'IPC') (offence under Section 376 IPC was added later on), Police Station City Gurdaspur, District Gurdaspur. The contents of the FIR (Annexure P-1) read as under :- “Statement of Balwinder Singh son of Bella Singh, Caste Ramdasia, resident of House No.31/4, Improvement Trust Colony, Batala Road, Gurdaspur. Stated that I am resident of the above mentioned address and retired from Army. Presently, I am running a cloth Crl. Misc. No. M-22211 of 2010 (O&M) 2 Shop under the name and style “Karan Cloth Shop” situated at Kalanaur Road. I have two sons and two daughters. My eldest daughter is married. Second younger daughter namely Lovepreet Kaur is doing B.C.A. from S.D. College, Gurdaspur, who is aged about 19 years. Some days earlier, my daughter told me that Tejinder Singh son of Late S. Jaspinder Singh, Caste Suniara, resident of House No.29/4, Improvement Trust Colony (our neighbour) is harassing me. Upon this, I went to his house and made complaint to his parents. Tejinder Singh used filthy language against me. On 24.03.2010, I and my wife Daljit Kaur as usual went to our Shop. My younger son Karan Singh and a daughter namely Lovepreet Kaur were present in the house. My wife was going to house from the Shop at about 12.30 P.M. who returned back to the Shop and told me that Lovepreet Kaur was sitting on the rear seat of the Motorcycle of Tejinder Singh and his mother Paramjit Kaur was also sitting on the Motorcycle and I have seen them while going from Kahnuwan to Batala Road. Since then, I have been searching her after closing my shop but all in vain. I am sure that Teinder Singh and his mother Paramjit Kaur in connivance with Gurjinder Kaur (sister) and Vipan Kumar have kidnapped her on the pretext of getting marry forcibly. I was going to Police Station for giving information where you met me on the way. I got my statement recorded. Action be taken. Crl. Misc. No. M-22211 of 2010 (O&M) 3 Sd/- Balwinnder Singh. Attested Harpal Singh, SI/ SHO Police Station City Gurdaspur. Dated :27.03.2010.” Learned counsel for the petitioner has submitted that the petitioner and the prosecutrix had filed a petition seeking a direction for protection of their life and liberty at the hands of the private respondents. However, the petitioner has been involved in the present FIR. Learned State counsel, who is assisted by learned counsel for the complainant have opposed the petition. Learned counsel for the complainant has submitted that the petitioner had performed marriage with the prosecutrix forcibly. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. On 29.3.2010 the following order was passed in Crl. Misc. No. M-9277 of 2010, filed by the prosecutrix and the petitioners seeking protection of their life and liberty :- “Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') for issuance of appropriate orders or directions to respondents No.1 to 3 to protect the life and liberty of the petitioners at the hands of respondents No. 4 to 6 and further for directing the respondent No.3 not to register the case in that regard. Respondents No.4 and 6 are present in person and have submitted that they have no objection qua the marriage of the petitioners. Respondent No.4 has also submitted that he will perform the marriage of the Crl. Misc. No. M-22211 of 2010 (O&M) 4 petitioners as per their custom. In these circumstances, the petition has been rendered infructuous. Dismissed as infructuous.” However, FIR in question had been lodged by the father of the prosecutrix on 27.3.2010 i.e. two days prior to the disposal of the Crl.Misc. No. M- 9277 of 2010, filed by the petitioner and the prosecutrix. Petitioner is in custody for the last four months. Keeping in view the fact that earlier the prosecutrix had herself filed the petition alongwith the petitioner seeking protection of her life and liberty; and in the said petition the father of the petitioner and brothers of the prosecutrix had appeared; and had stated that they had no objection qua the marriage of the petitioner and the prosecutrix; and they would perform the marriage as per their customs, it would be just and expedient to release the petitioner on bail. Whether the prosecutrix had been forced into marriage by the petitioner or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate Gurdaspur. (SABINA) August 20, 2010 JUDGE Anand