High CourtsSingle Bench

Dolma Devi vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 5 March 2021 · Citation: (2021) 03 SHI CK 0037

HON’BLE JUDGES
Ajay Mohan Goel, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 363, 366, 376, 376(2) · Protection Of Children From Sexual Offences Act, 2012 — Section 6 · Prohibition Of Child Marriage Act, 2006 — Section 10, 11
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 345 Of 2021
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Judgment

22 paragraphs · 403 words

Ajay Mohan Goel, J

1.

Status report filed, which is ordered to be taken on record.

2.

Learned Additional Advocate General, on instructions, informs the Court that after grant of anticipatory bail, the petitioner has appeared for

investigation and now her custody is not required for the purpose of investigation. He further submits that however the petitioner be directed to

participate in the investigation as and when directed by the Investigating Officer.

3.

Accordingly, this petition is disposed of by confirming order dated 23.02.2021, passed in FIR No. 01/2021, dated 01.01.2021, registered under

Sections 363, 366, 376, 376(2) and 120ÂB of the Indian Penal Code, Section 6 of the Protection of Children from Sexual Offences Act and Sections

10 & 11 of the Prohibition of Child Marriage Act, 2006 at Police Station Janjehli, District Mandi, H.P., subject to the following conditions:

“i) Petitioner shall furnish personal bond in the sum of Rs. 20,000/ with one surety in the like amount to the satisfaction of learned Trial Court

within a period of two weeks from today.

(ii) She shall make herself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of

hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

iii) She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

iv) She shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing

such facts to the Court or the Police Officer; and

v) She shall not leave the territory of India without prior permission of the Court.â€​

4.

It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present

bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during

the trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon her while

granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above

terms.

Copy dasti.