Crl. Misc. No.M-5421 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-5421 of 2011 Date of Decision: October 31, 2011 Manoj Kumar …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. G.S. Bal, Advocate for the petitioner. Mr.K.S. Sidhu, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) The petitioner seeks the concession of regular bail in a case registered at the instance of Tahira Parveen alleging that her daughter was kidnapped and raped by the petitioner. Counsel for the petitioner has submitted that the prosecutrix had voluntarily accompanied the petitioner to Hardoi and that the petitioner had moved an application for registration of marriage under Special Marriage Act but when notice was received by the parents of the prosecutrix Crl. Misc. No.M-5421 of 2011 [2] they had opposed the marriage and had involved the petitioner in a case of rape. Prosecutrix has been examined The petition has been opposed by State counsel on the ground that all the prosecution witnesses except for two stand examined and that the case is fixed for recording the statement of remaining two PWs for today before the trial Court. Whether it is a case of consent needs to be dealt with in context to the age of the prosecutrix. In case the prosecution agency is able to establish that the prosecutrix was minor at the time of alleged occurrence of rape, the plea of consent might not be available to the petitioner. Without expression of any opinion on merits of this case at this stage and taking into consideration the stage of the trial, this petition is disposed of with a direction that the trial Court will conclude the trial within a period of three months from today. It is ordered that in case for any reason the trial cannot be concluded within a period of three months, the petitioner will be released on bail on the expiry of three months i.e. after January 31, 2012 to the satisfaction of the trial Court. October 31, 2011 (M.M.S.BEDI) sanjay JUDGE