Manjit Kaur vs State of Punjab

M.L. Singhal, J.

This Crl. Misc. Petition No. 22234M of 1997 has been filed by Smt. Manjit Kaur alias Chhinder Kaur (petitioner) whereby she has prayed to this Court for the grant of anticipatory bail to her in case F.I.R. No. 69 dated 26.8.1997, under Sections 363/366/376/34/120B of the Indian Penal Code of Police Station City Faridkot. She has also prayed to this Court that direction be given to the Investigating Officer not to arrest her till the disposal of this Cr. Misc. petition.

According to the prosecution, Labh Singh son of Kapur Singh has one son and two daughters. His son Gurjant Singh is aged about 23 years and is married. His daughter Jasbir Kaur, younger to Gurjant Singh aged about 20 years is also married. Manjit Kaur is the youngest daughter of Labh Singh. She is aged about 16 years. She passed matriculation examination as a private student in the year 1997. Satnam Singh (nonpetitioner), his mother Smt. Manjit Kaur alias Chhinder Kaur (present petitioner) and Rajwinder Singh, exSPO who was known to Satnam Singh became on visiting terms with Gurjant Singh. On 18.8.1997, Labh Singh''s daughterinlaw Charanjit Kaur was admitted at G.G.S. Medical College, Faridkot. All the members of the family of Labh Singh were in the hospital in connection with her treatment. His daughter Manjit Kaur was alone at the house. When they returned to their house at about 4.00 P.M., Manjit Kaur was found missing. They enquired from the neighbours and their relatives about the whereabouts of Manjit Kaur. Labh Singh suspected that Manjit Kaur alias Chhinder Kaur and Rajwinder Singh, exSPO, and they had taken her with them. Labh Singh also suspected Sukhwinder Singh, Sarpanch of village Jogewala, Police Station Makhu, who is their relation to have backed them in the enticement of Manjit Kaur by them.

Labh Singh reported the matter to the Police. On 26.8.1997, case FIR No. 69 (ibid) was registered. It has been submitted by the learned counsel for the petitioner that Manjit Kaur was a girl aged 19 years at the time of her so called abduction. She willingly married Satnam Singh. She appeared before the Magistrate at the time when Satnam Singh was produced for remand before the Magistrate that she had willingly married Satnam Singh. At the time, when she filled form for appearing in the matriculation examination held in March, 1996, she gave her date of birth as 7.9.1980. Ossification test performed on her shows that she could be between 1519 years. In the register of Births and Deaths, Manjit Kaur is shown to have been born on 1.7.1978. It is to be determined at the trial whether she was above or less than 1618 years at the time of her alleged abduction and rape. She appeared before the Magistrate in the complaint filed under Section 323 of the Indian Penal Code where she is stated to have willingly married Satnam Singh. She gave her age as 19 years in that complaint. In the Voters list for the year 1997, she is recorded as 19 years old. In her statement recorded under Section 164 Cr.P.C. by the Magistrate, Manjit Kaur stated her age as 19 years. She also stated that she had voluntarily contracted marriage with Satnam Singh. Manjit Kaur was recovered on 3.9.1997 along with Satnam Singh. It has been submitted that only the evidence led at the trial will reveal whether she willingly eloped with Satnam Singh and married him willingly or Satnam Singh abducted her and forced her into marriage.

Smt. Manjit Kaur alias Chhinder Kaur, petitioner, is a woman. She is the mother of Satnam Singh. The main actor in the play Satnam Singh has been released on bail vide order dated 24.10.1997. No purpose whatever would be served by declining the concession of anticipatory bail to Manjit Kaur alias Chhinder Kaur and sending her in custody.

Keeping in view the facts and circumstances of the case, it is deemed proper that anticipatory bail be allowed to the petitioner. It is, therefore, ordered that in the event of arrest, the Investigating Officer will call upon the petitioner to furnish bail with personal bond of Rs. 10,000/ together with surety bond of the said amount. Petitioner shall join the investigation. She shall keep joining the investigation as per the directions of the Investigating Officer.