CRLMB5897/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5897/2010 Harish Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 08.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri M.K. Kaushik, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that petitioner is accused of committing offence under Sections 363, 366 and 506 of the IPC, and that he was arrested on 01.06.2010. It is submitted that in fact the prosecutrix is major woman aged between 18 and 19 years and this has been proved even by her medical examination. The prosecutrix in her statement given to the police under Section 161 Cr.P.C., has clearly admitted that she went with the petitioner out of her free will and they got married with each other at Arya Samaj Temple, Nindad, Jaipur, and a certificate to this effect issued by Arya Samaj Temple was also produced which is part of the case-diary. It is contended that the prosecutrix who is presently in 'Nari Niketan', applied for recording her statement under Section 164, Cr.P.C., which was opposed by the father of the prosecutrix and the learned Additional Chief Judicial Magistrate, Jaipur vide order dated 09.06.2010, rejected the application. The prosecutrix even filed revision petition against that order describing herself as the wife of CRLMB5897/2010 // 2 // present petitioner, but the revision petition has also been rejected by the learned Court of Sessions by order dated 17.06.2010. The allegation of rape is absolutely false. Investigation is almost complete. Even then the investigating agency is not filing challan so as to maximize the detention of the period of the petitioner. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Harish Son of Shri Fateh Singh on bail under Section 439 Cr.P.C., in FIR No.111/2010, Police Station Muhana, Jaipur, under Sections 363, 366 and 506 IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//