High CourtsSingle Bench

Aman Kumar vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 4 December 2019 · Citation: (2019) 12 P&H CK 0007

HON’BLE JUDGES
Jaishree Thakur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2)(i), 438(2)(ii), 438(2)(iii) · Indian Penal Code, 1860 — Section 346, 363, 366A · Prohibition Of Child Marriage Act, 2006 — Section 9, 10, 11
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 41470 Of 2018
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Judgment

11 paragraphs · 191 words

Jaishree Thakur, J

The instant petition has been filed under Section 438 of Cr.P.C., for grant of anticipatory bail to the petitioner in FIR No.290 dated 01.10.2017, under

Section 346 and Sections 363, 366-A IPC and Sections 9, 10 and 11 of Prohibition of Child Marriage Act ( added lateron), registered at Police Station

Pinjore, District Panchkula.

Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the present case and on the direction of this Court, has

joined the investigation. It is also contended that nothing is to be recovered from him.

Per contra, learned State counsel, on instructions from the Investigating Officer, submits that petitioner has joined the investigation and he is not

required for the custodial interrogation.

In view of the facts that the petitioner is not required for custodial interrogation and has joined the investigation, without commenting on the merits of

the case, the petition is allowed and order dated 24.09.2018 granting interim bail to the petitioners is made absolute subject to the conditions laid down

in Section 438 Sub Section 2 Clauses (i) (ii) and (iii) of the Code of Criminal Procedure.