IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-36471 of 2009 Date of Decision: February 08, 2010 Dharminder Kumar @ Bhinda .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. K.D.S. Sodhi, Advocate, for the petitioner. Ms. Rajni Gupta, Additional Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.177 dated 27.8.2009 under Sections 376, 506, 120-B IPC registered with Police Station, Sadar, Phagwara, District Kapurthala. Learned counsel for the petitioner contends that it is a case of consent. The prosecutrix is agitated because the petitioner got married elsewhere. Infact, the prosecutrix eloped with the petitioner and stayed with him of Crl. Misc. No. M-36471 of 2009 [2] her own accord for more than a month. The members of the family did not file any complaint in that regard. Learned counsel has pointed out that the prosecutrix has been writing letters to the petitioner even after lodging of the FIR. Infact the petitioner has not committed any offence. Learned counsel for the respondent- State, on instructions from Tejinder Singh, Assistant Sub Inspector, contends that factum of prosecutrix writing letters has not been verified by the investigating agency. It is however the admitted case of the prosecution that no complaint was made by the family members of the prosecutrix during the period she remained away from the house. Considering the fact that investigation qua the petitioner is complete; conclusion of trial is likely to take time; prosecutrix stayed with the petitioner for more than a month; none of the family members made any complaint in regard to the absence of the prosecutrix; prosecutrix is more than 20 years of age; and no injury has been found on her person on her medico legal examination, it would be a moot question to be determined by the Trial Court Crl. Misc. No. M-36471 of 2009 [3] whether it is a case of consent or for malafide reasons in view of the argued fact that the petitioner got married elsewhere, therefore, the prosecutrix is agitated. The petition is allowed. Bail to the satisfaction of the trial Court. It is made clear that any observation made hereinabove shall not be construed as opinion on the merits of the case. (AJAI LAMBA) February 08, 2010 JUDGE avin