IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-3854 of 2009 Date of decision: 16.03.2009 Sarabjit Kaur ......Petitioner Versus State of Punjab ......Respondent BEFORE: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: None for the petitioner. Mr. C.S.Brar, DAG, Punjab for the respondent. Rajive Bhalla, J.(Oral) Prayer in this petition filed under Section 439 of the Code of Criminal Procedure, is for grant of regular bail, in case FIR No. 131 dated 20.06.2008, registered under Sections 363, 366-A, 120-B, 376 and 34 of Indian Penal Code, at Police Station Sadar Abohar. Counsel for the petitioner submits that the petitioner's brother and Amandeep Kaur eloped and got married at Mata Chintpurni Temple on 16.03.2008 and thereafter, started residing together as husband and wife. The complainant i.e. father of Amandeep Kaur came to the house of the petitioner and on the pretext of solemnizing their formal marriage, asked Amandeep Kaur, to accompany him. The petitioners brother did not suspect any foul and therefore, allowed Amandeep Kaur to go with her father. Amandeep Kaur was pressurised into making a statement against the petitioner and her brother. It is submitted that the petitioner has been falsely implicated, as she is the sister of the main accused. As the challan has been presented, the petitioner be released on bail. Counsel for the State of Punjab submits, that the petitioner has connived with the main accused who abducted Criminal Misc. No. M-3854 of 2009 [2] Amandeep Kaur and forcibly kept her in his house. The petitioner is the sister of the main accused and in view of the gravity of the offence, should not be released on bail. I have heard counsel for the petitioner and in view of the facts narrated hereinabove, it appears that the possibility of the implication, of the petitioner, on account of her relationship with the main accused cannot be ruled out. She has been behind bars since 20.10.2008 and as the challan has been presented and the matter is awaiting framing of charges, there appears to be no ground to extend the petitioner's incarceration. Bail to the satisfaction of the Chief Judicial Magistrate, Ferozepur. Nothing stated herein shall be construed to be an expression of opinion on the merits of the case. Petition is allowed. [RAJIVE BHALLA] JUDGE 16th March, 2009 SKaushik