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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.17/2017, registered at Police Station
Nokha, District Bikaner for the offences under Sections 366 and
376 IPC.
The prosecutrix, aged 28 years, in her statement recorded
under Section 161 Cr.P.C. clearly admitted that she was a married
woman having four children. She went away with the present
petitioner because her husband used to harass her. She further
clearly stated that the petitioner did not establish sexual relations
with her. Therefore, it is apparent that it is a case of willful
elopement rather then abduction.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Manoj Kumar arrested
in connection with F.I.R. No.17/2017, registered at Police Station
Nokha, District Bikaner shall be released on bail provided he
furnishes a personal bond of Rs.50,000/- and two surety bonds of
Rs.25,000/- each to the satisfaction of the learned trial court with
the stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.