Criminal Misc. No. M-36864 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-36864 of 2010 Date of decision : 23.02.2011 Leela Devi ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ashok Kaushik, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. Deputy Advocate General, Haryana. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 107 dated 02.04.2010 under Sections 365 & 34 IPC and Sections 212, 313, 120-B & 506 IPC added later on at Police Station Ferozepur Jhirka, District Mewat. Learned counsel for the petitioner has argued that petitioner is neither named in the FIR nor any role has been assigned to her in the commission of crime and thus she is entitled to the concession of pre-arrest bail. Learned State counsel on the other hand submits that girl namely Sarjina was subjected to abortion by the petitioner in a private nursing home. He submits that during investigation, name of the petitioner Criminal Misc. No. M-36864 of 2010 2 figured and the girl (Sarjina) also identified the petitioner as the one who did the abortion. He submits that in view of nature of offence under Section 313 IPC which is punishable with maximum imprisonment of life, the petitioner is not entitled to concession of pre-arrest bail. Heard learned counsel for the parties. It appears that the girl (Sarjina) was married to Jaikam and they were granted protection by this court. The couple was living together thereafter. Allegedly, the girl who was five months pregnant was abducted on 02.04.2010 and was subjected to abortion on 16.04.2010. The petitioner who is stated to be a government employee and working in government hospital, Koshi Kalan as nurse performed the abortion without any authority to do so. In view of nature of allegations contained in the FIR, I am of the considered view that petitioner is not entitled to the concession of pre- arrest bail. The petition is devoid of merit and the same is hereby dismissed. February 22, 2011 (RAJAN GUPTA) Ajay JUDGE