IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-20773 of 2009 Date of decision : September 07, 2009 Swaran Kaur ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Ms. Gagan Deep Grewal, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) By this common order, I am disposing of two petitions i.e. Criminal Misc. No. M-20773 of 2009 filed by Swaran Kaur and Criminal Misc. No. M-23084 of 2009 filed by Mohinder Singh, both seeking bail in case FIR No. 191 dated 6.8.2007 under sections 363, 366, 376, 342 IPC and sections 148,149 IPC added lateron, Police Station Sadar Khanna, District Ludhiana. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, on 30.7.2007, petitioner Swaran Kaur, her daughter Gurdeep Kaur (non-petitioner) and petitioner Mohinder Singh along with Raju Bhaya (non-petitioner) abducted complainant's daughter Kamaljit Kaur, then aged 19 years. The prosecutrix came back on 12.6.2009 i.e. after more than one year and ten months and stated that both the petitioners and Gurdeep Kaur, Raju Bhaya and one Mohinder Khan had abducted her and forcibly taken her to Naina Devi. She Criminal Misc. No. M-20773 of 2009 -2- was drugged there and next day she found herself at Delhi in the company of Raju Bhaya alone and the others had dis-appeared. She was told that her marriage had been performed with Raju Bhaya. She remained with Raju Bhaya and his family in Utter Pardesh during the intervening period of one year and ten months. Learned counsel for the petitioners vehemently contended that the prosecutrix had gone of her own with Raju Bhaya (non-petitioner) and performed marriage with him and lived with him for long period of one year and ten months. It is also contended that petitioner Swaran Kaur is in custody since 21.6.2009 and petitioner Mohinder Singh is in custody since 15.6.2009 i.e. for more than two and half months. On the other hand, learned State counsel contended that both the petitioners were involved in the abduction of the prosecutrix and in solemnization of her marriage with Raju Bhaya. I have carefully considered the rival contentions. The prosecutrix was major at the time of occurrence. She lived with Raju Bhaya (non-petitioner) and his family in UP for long period of more than one year and ten months. The petitioners were not accompanying her there. Raju Bhaya has not yet been arrested. Keeping in view all the circumstances but without meaning to comment anything on merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Ludhiana. ( L.N. Mittal ) September 07, 2009 Judge 'dalbir'