IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.463 of 2008. Date of decision: 16.5.2008 Dinesh Kumar ………. Petitioner Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. S.C. Sharma, Advocate. For the Respondent Mr. A.K. Bansal, Additional Advocate General. Kuldip Singh, Judge. (Oral) The petitioner has filed this application under Section 438 Cr.P.C. for releasing him on bail in FIR No.42 of 2008 dated 2.4.2008 registered at Police Station, Kandaghat under Sections 363, 366 IPC. The respondent has filed the status report. 2. Heard and perused the record. It has been submitted on behalf of the petitioner that the petitioner is of 22 years age and his wife Ruchika Dhiman is 21 years old. They were married on 2.4.2008 as per their rites. The petitioner and his wife were absolutely eligible for marriage at the time of marriage. The family of the wife of the petitioner has not liked the marriage of the petitioner with Ruchika Dhiman and Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2 therefore, a false FIR was registered at Police Station Kandaghat on 2.4.2008 under Sections 363, 366 IPC. The petitioner has committed no offence in as much as Ruchika Devi is his legally wedded wife. The father of Ruchika Dhiman is an influential person and her brother is also serving in police as a senior officer. Ruchika Dhiman has filed an affidavit, in which she has deposed that she has attained the age of 21 years and she has married to petitioner on 2.4.2008. The marriage registration certificate dated 7.4.2008 pertaining to Dinesh Kumar and Ruchika Dhiman issued by Registrar of Marriages, Municipal Corporation, Shimla showing their marriage on 2.4.2008 has also been placed on record. On these grounds the learned counsel for the petitioner has submitted that the petitioner may be granted bail under Section 438 Cr.P.C. In the status report, it has been submitted that Ruchika Dhiman as per Panchayat record is 21 years of age. No recovery is to be made from the petitioner. Prima facie there is enough material on record to show that the petitioner and Ruchika Dhiman had married on 2.4.2008. In these circumstances, petitioner has made out a case for grant of bail under Section 438 Cr.P.C. Accordingly application is allowed. The petitioner is ordered to be released on bail in the event of his arrest by Arresting Officer in FIR No.42 of 2008 dated 2.4.2008 registered at Police Station, Kandaghat under Sections 363, 366 IPC, on his furnishing personal bond in the sum of Rs.5,000/- with one surety of the like amount to the satisfaction of the Arresting Officer, subject to the condition that the petitioner shall continue to join the investigation as and when called by the Investigating officer, he shall not hamper the investigation and tamper with the prosecution evidence in any manner. 3 4. The observations made in this order are for disposal of this application and these shall not be treated as expression of opinion on the merits of the case. Copy Dasti on usual terms ( Kuldip Singh) Judge May 16, 2008 (sks)