Crl. Misc. No. M-15182 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-15182 of 2010 (O&M) Date of decision: June 29, 2010 Mukhtiar Singh and another ...Petitioner Versus State of Punjab and another ...Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Jasbir Singh, Advocate, for the petitioners. Mr. AS Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Heard. Petitioners-Mukhtiar Singh and Rajinder Kaur, have filed this petition under Section 438 of the Criminal Procedure Code (hereinafter referred to as 'the Code'), for issuance of a direction to the officer in- charge/arresting officer/trial court to release them on bail in the event of their arrest in case titled State Versus Mukhtiar and others, vide FIR No. 43 dated 2.4.2010 registered at Police Station Bassi Pathanan, District Fatehgarh Sahib, under Sections 363,366A/34 IPC. This FIR was got registered by Jaswant Singh, in which he had narrated kidnapping of his daughter aged 17-1/2 years by Mandeep Singh with the consent of the present petitioners. At the time of arguments, it was submitted that Rajinder Kaur has already been arrested in this case and, as such, this petition has become infructuous qua that petitioner. Crl. Misc. No. M-15182 of 2010 2 It has been submitted by learned counsel for the petitioner that the prosecutrix was major and she performed marriage with Mandeep with her free will and they had moved a joint petition before this Court under Section 482 of the Code, in which an order was passed for protecting their life and liberty. He has placed on record copy of that order. In the joint petition, so moved by the prosecutrix and Mandeep Singh, they pleaded that they performed their marriage with their free will and consent. If that is the position, it can be said that the prosecutrix accompanied Mandeep Singh with her own consent. Keeping in view all these circumstances, the petition of Mukhtiar Singh is allowed. In case of his arrest, he shall be released on interim bail to the satisfaction of the arresting officer, subject to the following conditions:- (i) He shall join the investigation as and when required by the Investigating Officer; (ii) he shall not offer any any threat, promise, or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (iii) he shall not leave the limits of this country without prior permission of the Court. This order shall remain in operation till the decision of the application for regular bail, which is to be filed by the petitioner at the time of presentation of the challan against him before the trial Court. The petition is disposed of accordingly. June 29, 2010 (GURDEV SINGH ) prem JUDGE