Criminal Misc. No. M-47918 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-47918 of 2007 (O&M) Date of Decision:21.04.2008 Hardev Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. Bikramjit Singh Bajwa, Advocate for the petitioner. Mr. Anter Singh Brar, DAG, Punjab for the respondent. Mr. Navjit Sodhi, Advocate for the complainant. **** RAJESH BINDAL J. The petitioner is before this Court praying for anticipatory bail in FIR No.50 dated 14.6.2007 registered against him under Sections 420, 193, 196, 500, 506 IPC at Police Station Rangar Nangal, Tehsil Batala, District Gurdaspur. At the time of issuance of notice of motion, the contention of learned counsel for the petitioner was that the petitioner as well as the complainant had affairs as is evident from the statement made by her before the Sub Divisional Magistrate. However, subsequently, she changed her mind and stated that she would like to stay with her parents and the complaint was lodged against the petitioner under the influence of her parents. The facts which emerge out of pleadings of the parties are that the petitioner is already married with Rupinder Kaur. It is claimed that he transferred land valued about Rs. 5 lacs in the name of his wife Rupinder Kaur as a settlement for living separate. An affidavit of Rupinder Kaur has been placed on record stating that she will have no objection in case petitioner remarries. The petitioner is a friend of maternal uncle of the Criminal Misc. No. M-47918 of 2007 (O&M) -2- complainant and resides in the same village. It is how he came in contact with the complainant. As far as the statement made before the Sub Divisional Magistrate, Patiala on March 13, 2006 is concerned, though the petitioner submitted that the complainant herself appeared before the Court and got the statement recorded whereas the stand of the complainant is that it was her blank signed papers which were used for the purpose. On earlier occasion, Criminal Writ Petition No.469 of 2006 was filed by the petitioner. The statement of the complainant was recorded by the Sub Divisional Magistrate where she stated that on earlier occasion when her statement is said to be recorded before the Sub Divisional Magistrate, it was her blank signed papers which were used by the petitioner, otherwise, the marriage between the parties was not solemnised and she does not wish to live with the petitioner who is almost double the age of the complainant. The writ petition filed by the petitioner was dismissed by this Court on June 06, 2006. The FIR in question was registered on a direction by this Court. Keeping in view the above conduct of the petitioner where in spite of being married, he allured a young girl, without recording any finding on the contentions of the parties, I do not deem it to be a fit case for grant of pre arrest bail. The petition is accordingly dismissed. April 21, 2008 ( RAJESH BINDAL ) renu JUDGE