In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc.-M No.33800 of 2008 ..... Date of decision:2.3.2009 Satnarayan Goyal .....Petitioner v. State of Haryana and another .....Respondents .... Present: Mr. Ashwani Bhardwaj, Advocate for the petitioner. Mr. Ajay Singh Ghangas, Deputy Advocate General, Haryana for the respondent-State. Mr. Daldeep Singh, Advocate for the complainant. ..... S.S. Saron, J. Heard learned counsel for the parties. Learned counsel for the State, on instructions from Head Constable Suresh Kumar, Police Station, Model Town, Rewari, has submitted that the petitioner has joined the investigation and his further custody is not required for the purpose of investigation. Learned counsel for the complainant strongly opposes the application for grant of anticipatory bail to the petitioner. It is submitted that the complainant has levelled specific allegation of rape against the petitioner who is her father-in-law. A reference has been made to the FIR wherein it is mentioned that the petitioner used to act in an obscene manner whenever the complainant came out of the bath room after a bath. He also used to comment that she was beautiful and he used to outrage her modesty. The complainant somehow managed to save herself from his clutches but on Cr. Misc.-M No.33800/2008 [2] 29.6.2008 she was alone in her house and the petitioner entered her room and bolted the room from inside and committed rape with her. She tried her level best to save herself from the clutches of her father-in-law (petitioner) but all went in vain as he was having extremely good physique. It is not in dispute that no medical examination of the complainant was conducted on 29.6.2008 or thereafter so as to show whether rape had been committed on her. In fact, it is the case of the petitioner that the complainant had shown positive test report for pregnancy conducted on 28.6.2009 whereas the rape is alleged to have been committed on the following day. In the circumstances, it may also be noticed that the thrust of the entire allegations in the FIR is that her husband-Vaibhav, who is the son of the petitioner, was suffering from mental and physical dysfunction. The medical examination of the son of the petitioner was conducted by Board of three doctors comprising of Additional Professor, Department of Psychiatry, Professor, Department of Urology and CMO, Staff Clinic, PGI, Chandigarh. In the opinion of the Medical Board, there was nothing to suggest that Vaibhav, the son of the petitioner, was suffering from any mental or physical disease or dysfunction. Copies of the medical report on the last date of hearing vide order dated 21.1.2009 was ordered to be given to both the parties. The report has been received by the parties. Keeping in view the aforesaid facts and circumstances, the interim bail granted by this Court on 22.12.2008 is made absolute. The criminal miscellaneous petition stands disposed of. March 2, 2009. (S.S. Saron) Judge *hsp*