Criminal Misc. No.M-4200 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.M-4200 of 2009 (O&M) Date of Decision:13.02.2009 Surender Kumar .....Petitioner Vs. State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Pritam Saini, Advocate for the petitioner. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Surender Kumar under Section 439 of Cr.P.C seeking regular bail in case FIR No.739 dated 4.10.2008 registered under Sections 376, 506 IPC at Police Station City, Panipat. The facts in brief are that on 4.10.2008 at about 2:00 P.M, the prosecutrix made statement to the police of Ambala Cantt. that she was doing household chores and permanent resident of Bihar. About one month ago, one Rajesh of Bihar who was residing at Panipat asked her mother that she (complainant) could do household work at Panipat and he brought her to Panipat. After 2-3 days of her arrival at Panipat, said Rajesh started booking her for illicit intercourse with other persons and forced her to do bad act. He told her that her sister and daughter who were younger to her used to do all this kind of act. When she tried to complain to her mother about the same he threatened her. On 3.10.2008 at about 6:30 P.M accused/ Criminal Misc. No.M-4200 of 2009 (O&M) -2- applicant Surender Kumar made a phone call that he was in need of a girl. Rajesh asked that for how many hours the girl was needed then accused/ applicant Surender Kumar said that he needed the girl for full night. Rajesh asked that how many persons would accompany him then he replied that he was the only person. Rajesh said that he would charge Rs.3,000/- and he asked the complainant to wear fine clothes and be ready. Thereafter accused/ applicant Surender Kumar came to the house of Rajesh and took her to a hotel namely Dada-Pota with him on a motor cycle where two friends of accused/ applicant Surender Kumar were also present. He and his two friends committed rape upon her turn by turn without her consent. Thereafter, accused/ applicant Surender Kumar took her to bus stand, Panipat from where they boarded a bus for Chandigarh. Accused/ applicant Surender Kumar threatened to kill her. I have heard the learned counsel for the petitioner. There are specific allegations against the petitioner that he along with two friends committed rape upon the prosecutrix one by one without her consent. The prosecutrix was below 16 years of age, As per her statement recorded under Section 164 of Cr.P.C. If the petitioner is admitted to bail, he may abscond or tamper with the prosecution evidence. Consequently, prima-facie no ground is made out for admitting him to bail. Consequently, this petition is dismissed. February 13, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No