Cr.M.P.(M) No. 1375 of 2008 7.1.2009 Present: Mr. Ramakant Sharma, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for grant of bail to the petitioner in case FIR No. 183 of 2008 dated 12.8.2008 registered at Police Station, Sadar Solan, H.P. under Sections 363, 366 and 376 of the Indian Penal Code. The case of the prosecution is that the victim had come to see the games at village Basni. She was operated upon at Solan. The petitioner used to visit her in the hospital. They started liking each other. She left her house on 18.7.2008 from Chambaghat and went to Solan bazaar. The petitioner eloped with her. She was kept by the petitioner in his house till 27.7.2008. He solemnized marriage with the victim on 28.7.2008. He had produced marriage certificate before the police. The victim was medically examined. Her age falls between 13 ½ years to 16 ½ years as per ossification and dental test. According to Panchayat record, her date of birth is 18.7.1993. Mr. Ramakant Sharma has strenuously argued that his client has married the victim and she had been living with him as his wife. The marriage solemnized by the petitioner with the victim was not in accordance with law. Her age is 15 years as per Panchayat record. The petitioner is in custody since 12.8.2008. The learned Senior Additional Advocate General submits that the challan has been put up against the accused on 5.11.2008. I have gone through the records of the case carefully. I am of the opinion that in view of the peculiar facts and circumstances of the case, the manner in which the marriage was solemnized and the victim has remained with him as his wife, the petitioner has made out a case for being released on bail. Accordingly, the application is allowed. The petitioner is ordered to be released on bail in case FIR No. 183 of 2008 dated 12.8.2008 registered at Police Station, Sadar Solan, H.P. under Sections 363, 366 and 376 of the Indian Penal Code on his furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned Sessions Judge/Additional Sessions Judge, Solan. The observations made in this order are for the disposal of this application and the same shall not be treated as an expression or opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. January 7, 2009. (cr)