CRM No.M-7834 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-7834 of 2011 Date of decision 15.03.2011 Ashok Kumar ......Petitioner Versus State of Haryana ......Respondent Present: Mr. S.S. Patial, Advocate for the petitioner. S.S. SARON, J. Heard counsel for the petitioner. The petitioner prays for pre-arrest bail in case registered against him on 1.02.2011 for the offence under Sections 365, 376(2)(g), 342 IPC registered at P.S. Mohindergarh, District Mohindergarh. The FIR (Annexure P-1) has been registered on the statement of the prosecutrix. It is alleged by her that on 28.01.2011, she was going from village Kheri to the house of her parents along with her son aged 7 years and daughter aged 2 ½ years. She reached Mahendergarh from Ateli by bus. There she met Ashok Kumar (petitioner). She had one bag in which there was one chain, besides Rs.35,000/-. The petitioner took the prosecutrix and the children on his motorcycle to the forest. She was made to inhale something, on account of which she became unconscious and then the petitioner raped her. When she regained her consciousness, she found herself in the house of Ashok Kumar (petitioner) and in the night again he raped her. He also called a boy namely Shiv Kumar on phone and both of them raped her. Her children were kept in another room. Thereafter, they gave her tea in which something was mixed and she fell CRM No.M-7834 of 2011 2 asleep and when she woke up, she was in the house of the petitioner. Learned counsel for the petitioner has contended that the allegations in the FIR are false. It is submitted that four persons cannot be taken on motorcycle along with one bag. Besides, it is submitted that the petitioner is suffering from liver problem and is under treatment. A reference has been made to the medical report Annexure P-2 (colly). After considering the contentions of the learned counsel for the petitioner, I find no merit in the same. The prosecutrix has alleged that she was taken by the petitioner on his motorcycle alongwith her two children and the bag. The children are small and are aged 7 years and 2 ½ years. Therefore, it is possible that they could have been taken on the motorcycle and it cannot be said that they along with the bag would not fit on the seat of the motorcycle. In any case, this aspect is not to be gone into at this stage. It is for the investigating authority or the trial Court, as the case may be, to consider and go into these aspects. As regards the medical report s Annexure P-2 (colly) of the petitioner, these are not to be considered for the purposes of bail at this stage. The statement of the prosecutrix in terms of Section 164 Cr.P.C. has been recorded before the Magistrate. She has reiterated the version as has been given by her in the FIR. Therefore, keeping in view the nature of the allegations and the fact that the petitioner is alleged to have raped the prosecutrix, no ground for pre-arrest bail is made out. Criminal Miscellaneous petition is accordingly dismissed. March 15, 2011 (S.S.SARON) Jyoti 1 JUDGE