CRM No.M-38205 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** Date of decision : 23.3.2011 CRM No.M-38205 of 2010 Jubeda ..........Petitioner Vs. State of Haryana .........Respondent CRM No.M-2303 of 2011 Nakhar ..........Petitioner Vs. State of Haryana .........Respondent CRM No.M-4085 of 2011 Najju ..........Petitioner Vs. State of Haryana .........Respondent Present:- Mr.Rajesh Lamba, Advocate, for the petitioner Mr.H.S.Deol, Addl.AG, Haryana --- S.S.SARON, J This order will dispose of Criminal Miscellaneous No.M-38205 of 2010 filed by Jubeda wife of Mukki, Criminal Miscellaneous No.M-2303 of 2011 filed by Nakhar son of Ishab and Criminal Miscellaneous No.M-4085 of 2011 filed by Najju son of Nakhar. The petitioners in their respective petitions seek pre-arrest bail in case FIR No.103 dated 6.3.2010 registered at Police Station Sector 55, Faridabad for the offences under Sections 376, 342, 323, 506, 120-B and 34 IPC as also Section 25 of the Arms Act. CRM No.M-38205 of 2010 -2- Petitioner Jubeda is the wife of Mukki. The allegations against her are that she had called the prosecutrix to her house and facilitated the offence of rape by her husband by fraudulently sending her in his room. It is alleged that Mukki, husband of petitioner Jubeda, caught hold of the prosecutrix and had committed rape. The incident is of 18.2.2010 and the FIR was registered on 6.3.2010. The affidavit dated 2.4.2010 (Annexure P-1) of the prosecutrix has been placed on record, in which she has deposed that she had not got the FIR registered knowingly but she put her thumb impression wherever she had been asked to do so and she did not know anything about the case. She has no complaint against the accused persons and she did not want to pursue any action against these persons. Even otherwise, it is quite unlikely that petitioner Jubeda would facilitate to send the prosecutrix to her husband for committing rape. Nakhar (Petitioner in Criminal Misc. No.M-2303 of 2011) is the father of Mukki. It is Mukki who is alleged to have committed rape on the prosecutrix. A reading of the FIR shows that there is no allegation against the petitioner Nakhar that he had committed rape on the prosecutrix. Najju (Petitioner in Criminal Misc. No.M-4085 of 2011) is the son of Nakhar and brother of Mukki. The role attributed to him is similar to that of Nakhar. The allegations of rape are primarily against Mukki @ Mukim and Illi @ Illi Mohammad. The said accused Mukki and Illi are in custody since 22.9.2010 and 17.12.2010 respectively. Learned State counsel has submitted that the respective petitioners in each of the petition have joined the investigation and their custody is not required for the purpose of investigation. In the circumstance the interim bail granted to Jubeda on CRM No.M-38205 of 2010 -3- 24.12.2010 and that granted to Nakhar on 3.2.2011 and to Najju on 9.2.2011, are made absolute. Criminal Miscellaneous petitions stand disposed of. (S.S.SARON) JUDGE 23.3.2011 akm