Cr.MP(M) No. 26/2009. 13.3.2009 Present: Mr. G.D. Verma, Sr. Advocate, with Mr. B.C. Verma, Advocate, for the petitioner. Mr. J.S. Guleria, Assistant Advocate General, for the respondent. The petitioner is apprehending his arrest at the hands of the police in FIR No. 190/2008 dated 24.11.2008, registered under Sections 376 and 506 of the Indian Penal Code in Police Station Karsog, District Mandi, H.P., hence moved the present application for his pre-arrest bail. Heard. Report of the police perused. As a matter of fact, prosecutrix is the maker of the FIR alleging the rape by the petitioner on her person. During the investigation of this case, she made a representation to the Superintendent of Police as well as S.H.O. that initially she intended to marry the petitioner and developed liking for him but however, she as well as petitioner knew that their parents would not agree for their marriage though she was major and their intimacy continued and they developed physical relations. Realizing that it would be difficult to marry with the petitioner because of the strong objections of her parents, she impressed the petitioner to get himself married somewhere else which he did. To substantiate this fact, she also produced her affidavit before the Investigating Officer. As per investigation record the date of birth of the prosecutrix is 27.1.1990 therefore, in these circumstances, the anticipatory bail to the petitioner cannot be denied. However, it shall be open to the Investigating Officer to further probe into the matter as to how and under what circumstances the representation aforesaid was made by her to the police which is quite contrary to the FIR. However, the petitioner is ordered to be enlarged on bail on his furnishing bail bond in the event of his arrest in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Arresting Officer and this bail shall be subject to the following conditions:- (1) That the petitioner shall not terrorize the witnesses of the prosecution in any manner and shall join the investigation of this case and attend the court as and when required. In case of making default in any of the conditions aforesaid the liberty of the bail shall be cancelled. The application stands disposed of. Copy dasti. March 13, 2009 (Surinder Singh), J (cm)