Crl.M.No.32076-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.32076-M of 2010 Date of Order: 19.11.2010 Baljit Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. H.S. Dhindsa, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.42 dated 30.6.2010 under Sections 363/366-A/376 IPC, P.S Koom Kalan, District Ludhiana. As per allegations, the petitioner is alleged to have picked up minor Harjot Kaur on 23.6.2010 on his motorcycle near the bus stand and enticed her on the pretext of marriage with her. Learned counsel submits that the minor Harjot Kaur had returned to her house on the next day i.e on 24.6.2010 and her marriage with the petitioner was fixed. Panchayatnama (P.1) was also drawn up wherein it was stipulated that the father of the petitioner would transfer a plot measuring five kanals in the name of Harjot Kaur. On the refusal of said transfer by the father of the petitioner, present FIR has been lodged. It is also submitted that from the facts of the case, no offence of taking the minor daughter from the custody of her father is made out. It is further submitted Crl.M.No.32076-M of 2010 #2# that the petitioner is in custody since 30.6.2010. Learned state counsel, on instructions from HC Swaran Chand, states that challan in the present case has been presented and the case is fixed for framing of charge and that statement of prosecutrix is yet to be recorded and, therefore, the petitioner does not deserve the concession of bail at this stage. Keeping in view the fact that the marriage of the petitioner with prosecutrix was fixed and that she is above 16 years of age, the possibility of the prosecutrix being consenting party cannot be ruled out. However, without commenting upon merit of the case, I deem it appropriate to grant the concession of bail to the petitioner. Accordingly, petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Ludhiana. November 19, 2010 ( JASWANT SINGH ) manoj JUDGE