IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. -M No. 15808 of 2011 (O&M) Date of Decision: 19.9.2011 Naushad ..Petitioner. Vs. The State of Haryana ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. Rahul Vats, Advocate for the petitioner. Mr. S.S. Goripuria, Deputy Advocate General, Haryana. RAJESH BINDAL, J. Prayer in the present petition is for grant of regular bail to the petitioner, who is in custody since 16.12.2010. Learned counsel for the petitioner submitted that the petitioner and the prosecutrix had love affair. Both of them ran away on 5.7.2010 and stayed together at different places. As the petitioner belongs to Muslim Caste, the prosecutrix converted her religion and Nikahnama was performed against the wishes of their parents on 2.12.2010. The petitioner was arrested from Yamuna Nagar on 16.12.2010. At that time prosecutrix was seven months pregnant. Considering the age of the prosecutrix and the fact that she remained with the petitioner at different places and also moved in public transport, there was no question of kidnapping her. On the other hand, learned counsel for the State submitted that the prosecutrix has been examined in the Court. She stated that the petitioner had kidnapped her and committed rape upon her. After hearing the learned counsel for the parties and considering the age of the prosecutrix and also the fact that she stayed with the petitioner for a period of about five months, in my opinion, the petitioner deserves the concession of bail. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Kurukshetra. The petition stands disposed of. ( Rajesh Bindal ) 19.9.2011 Judge Meenu