Crl.M. No. M- 18737 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M. No. M- 18737 of 2009 (O&M) Date of decision : 26.8.2009. ... Rambir ................ Petitioner vs. State of Haryana .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. J.V. Yadav, Advocate for the petitioner. Sh. A.K. Jindal, Assistant Advocate General, Haryana. ... K.C. Puri, J. (Oral) Rambir s/o Satbir r/o village Dudiwala, Tehsil Charkhi Dadri, District Bhiwani, has applied for grant of regular bail in FIR No. 34 dated 11.2.2009 under Sections 366, 376, 34 IPC registered at Police Station Badhra, District Bhiwani. The law was set in motion on recording the statement of complainant Zile Singh s/o Harji Ram, who has stated that his daughter Pratiksha – prosecutrix is a student of BA – III in Vaish College, Bhiwani. Yesterday, at about 8 ' o Clock in the morning, she left for the college from the house, but did not return back. The complainant kept on searching her and he has come to know that yesterday on 10.2.2009, at 9.00 A.M., Rambir s/o Satbir r/o village Dudiwala, has taken the prosecutrix by enticing and threatening her. The prosecutrix was recovered on 15.2.2009 from Ahmedabad. As per prosecutrix, she was taken to Pillani in a jeep and was further taken from Pillani to Ahmedabad by bus, where she was stated to Crl.M. No. M- 18737 of 2009 -2- have been kept for 3-4 days. Learned counsel for the petitioner has submitted that in fact prosecutrix has married with the petitioner and has relied upon the marriage certificate dated 1.2.2009. He has also relied upon applications dated 9.2.2009 addressed to SHO, P.S. Bhadra, Tehsil Dadri, District Bhiwani (Annexure P-3) and dated 10.2.2009 addressed to S.P. Bhiwani, (Annexure P-4) and on the strength of the same it is argued that in both these applications, the prosecutrix has stated that she has entered into marriage with Rambir with her own free will. Prayer has been made by counsel for the petitioner for grant of bail. On the other hand, learned State counsel has submitted that under the threat of showing nude photographs, the petitioner has raped the prosecutrix and he is not entitled to the concession of bail. I have considered the submissions made by counsel for both the sides and have also gone through the record of the case. As per record of the State, photostat copy of marriage certificate dated 1.2.2009 has been produced, in which photograph of accused as well the prosecutrix is there and certificate has been issued by Arya Samaj Vedic Marriage Mandal, Jamuna Bazar, Delhi. The prosecutrix is admittedly major. So, without commenting on the merits of the case, in my view, it is a fit case for allowing the concession of bail. Bail to the satisfaction of the trial Court. ( K.C. Puri ) 26.8.2009. Judge Crl.M. No. M- 18737 of 2009 -3- chugh