IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-30661 of 2008 Date of decision : July 15, 2009 Sube Singh ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. APS Deol, Senior Advocate with Mr. Davinder Bir Singh, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana with Mr. VK Bagri, Advocate, for the complainant L.N. Mittal, J. (Oral) By this common order, I am disposing of two petitions i.e. Criminal Misc. No. M-30661 of 2008 filed by Sube Singh and Criminal Misc. No. M-10411 of 2009 filed by Sahi Ram, both seeking bail in case FIR No. 143 dated 22.8.2008 under sections 363, 366 read with section 34 IPC, Police Station Kasola, District Rewari. I have heard learned counsel for the parties and perused the case file. According to the FIR, lodged by Beer Singh, his sister Mausmi alias Tina was enticed away by Sube Singh petitioner and thereafter Lali Devi brother's wife of Sube Singh, enticed her away. Sube Singh's brother Thawar Singh husband of Lali Devi, was also involved in the elopement. Criminal Misc. No. M-30661 of 2008 -2- Statement of Mausmi alias Tina has since been recorded under section 164 Cr.P.C. She has stated that she herself fled from her house having quarrelled with her brother Beer Singh complainant and she on her own will married with one Ravinder and is residing happily with him as his wife. She has also stated that the present petitioners have nothing to do with her elopement and they have been named by her brother only due to enmity. In pursuance to said statement of Mausmi alias Tina, the police has submitted cancellation report in the case. According to the ossification test, age of the Mausmi alias Tina was 18 to 19 years. Learned counsel for the petitioners contended that in view of the aforesaid, no offence can be said to have been committed by the present petitioners. Mausmi alias Tina has stated that petitioners have nothing to do with her elopement. Learned counsel for the complainant contended that Mausmi alias Tina was minor at the time of elopement. However, admittedly there is no material on record to substantiate this contention. Moreover, even if she was minor, the present petitioners have nothing to do with her elopement. In view of aforesaid but without meaning to express any opinion on the merits, both the bail petitions are allowed. Both the petitioners be released on bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Rewari. ( L.N. Mittal ) July 15, 2009 Judge 'dalbir'