IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP (M) No. 55/2010 Date of decision: 4. 3. 2010 Jagdish Kumar ….Petitioner Versus State of H.P. ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . For the Petitioner: Mr. Jyotsna Rewal Dua, Advocate. For the respondent : Mr. Anshul Bansal Addl. Advocate General. Surinder Singh (Oral) Petitioner has been arrested for allegedly committing an offence under Sections 363, 366-A and 376, registered in Police Station Bhava Nagar District Kinnaur, as such the instant application under Section 439 of the Code of Criminal Procedure for his enlargement on bail has been moved. In short, prosecution case is that on 14.12.2009, prosecutrix ( about 16 years) was found missing from the house of 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 - her parents. Later, father of the prosecutrix came to know about her elopement. He lodged the FIR. Prosecutrix was recovered from the house of the petitioner. Petitioner was arrested on 21.12.2009. Prosecutrix was medically examined. Her Skeletal age was also got ascertained, as per report, she was found between 14 ½ and 16 ½ years. As per copy of Pariwar Register, her date of birth was 22.7.1994. The School leaving certificate was also taken into possession but the record with respect to her date of birth from the Birth and Register is not available on record of the file. I have also gone through the statement of the prosecutrix recorded under Section 161 of the Code of Criminal procedure wherein she is stated to have left the guardianship of her parents herself. Suffice it to say the petitioner can be safely enlarged on bail on his furnishing bonds in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Kinnaur. However, - 3 - this bail shall be subject to the condition that the petitioner:- (a) shall join the investigation of the case as and when required and shall also present himself in the court as and when required. (b) shall not make any inducement threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer. (c) Shall not indulge in any manner in such activity in future. (d) Shall not misuse her liberty of bail in any way. In case he does so, the liberty of bail shall be cancelled. Any observation made hereinabove is strictly for the disposal of this bail petition and shall not affect the merits of the case in any way. Let a copy of this order be sent to the learned Chief Judicial Magistrate, Kinnaur forthwith for his information and necessary action at his end. The copy be supplied to the counsel for the petitioner if applied urgently. The application stands disposed of. (Surinder Singh),J March 4, 2010 (cm)