Lakhvir Singh vs State of Punjab

Sabina, J.—This petition has been filed u/s 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 82 dated 16.8.2009, under Sections 376, 363, 380, 366-A, 120-B of the Indian Penal Code registered at Police Station Sherpur District Sangrur.

Learned Counsel for the petitioner has submitted that the petitioner is in custody since 2.12.2009 and the prosecutrix is presently residing with the parents of the petitioner. The petitioner and the prosecutrix had performed marriage and had been blessed with a child.

Learned State counsel, who is assisted by Learned Counsel for the complainant, on the other hand, has opposed this petition and has submitted that the prosecutrix was a minor at the time of the alleged occurrence.

After hearing Learned Counsel for the parties, I am of the opinion that the petitioner deserves the concession of bail.

In Criminal Writ Petition No. 1167 of 2009 filed by the petitioner seeking a writ in the nature of Habeas Corpus, prosecutrix Veerpal Kaur had appeared and stated that she did not want to go with any member of her natal family and wanted to go with the petitioner, who was her husband and had fathered the child she was carrying.

Keeping in view the fact that the petitioner is in custody since 2.12.2009, it would be just and expedient to allow this petition. The fact that whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial.

Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/Duty Magistrate Sangrur.