IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-23103 of 2009 Date of decision : September 24, 2009 Kuldeep ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Ajay Saini, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Kuldeep has filed this petition for anticipatory bail in case FIR No. 244 dated 26.7.2009 under sections 365, 376, 506 IPC, Police Station Gharaunda, District Karnal. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, prosecutrix was abducted by the petitioner on 26.6.2009 after making her unconscious by making her to smell handkerchief, when she refused to accompany the petitioner, and kept her in captivity and raped her. Learned counsel for the petitioner contended that the prosecutrix had made representation Annexure P/1 wherein she wanted action against her husband Satish Kumar. It is also contended that completely a false case has been registered against the petitioner. Criminal Misc. No. M-23103 of 2009 -2- On the other hand, learned State counsel, on instructions from ASI Balwinder Singh, contended that the petitioner had filed a petition under section 97 of the Code of Criminal Procedure alleging therein that he had married with prosecutrix and when the prosecutrix appeared before the Magistrate on 10.8.2009, she reiterated the version given in the FIR. This fact has been concealed in the instant petition by the petitioner. Even otherwise there are allegations of abduction and rape by the petitioner. Keeping in view the allegations against the petitioner but without meaning to express any opinion on merits, the petitioner does not deserve the concession of anticipatory bail. Dismissed. ( L.N. Mittal ) September 24, 2009 Judge 'dalbir'