IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 25th day of May 2011 I Bail Application No. 321 of 2011 Order on the Bail Application: CRIMINAL SIDE Prem Singh S/o Sri Budhi Singh R/o Ramkhatt, Dhuria P.S. Kaladhungi, District Nainital. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of FIR No. 63 of 2010 Under Sections: 363, 366 of I.P.C. Police Station: Kaladhungi District: Nainital. Hon’ble Prafulla C. Pant, J. Mr. Deep Joshi, Advocate, present for the applicant. Mr. T.C. Agarwal, Addl. Govt. Advocate, present for the State. Heard. Applicant Prem Singh, who is in jail in connection with F.I.R. No. 63 of 2010, relating to offences punishable under Section 363, 366 of I.P.C., police 2 station Kaladhungi, District Nainital, has sought his release on bail. Learned counsel for the applicant drew attention of this court to copy of statement recorded by the Magistrate under Section 164 of Cr.P.C., in which the girl (Amina Khatoon) has stated that she is major, aged 20 years, and got married on her own volition with applicant Prem Singh, on 09.12.2010. Apart from the above, it is pointed out that even as per the report of the Radiologist, the age of the girl was between 16-18 years. Having considered submissions of learned counsel for the parties, and after going through the papers on record, this court is of the view that the applicant deserves bail. The bail application is allowed. Let the applicant Prem Singh be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Nainital. (Prafulla C. Pant, J.) Dt. 25.05.2011 H.Negi