Nitu Ram vs State of H.P.

Kuldip Singh, Judge

This is an application, u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 345 dated 28.11.2011 registered at Police Station, Anni, District Kullu, u/s 366 IPC.

It has been stated that petitioner apprehends his arrest in view of registration of above case. The petitioner and Asha Kumari have married according to their free will. They have also exchanged affidavits before the Sub Divisional Magistrate, Chachyot. The petitioner has been falsely implicated in the case. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that on 28.11.2011 Diwan Chand accompanied by Vinod Chandel, Pradhan, Gram Panchayat, Anni came to the Police Station and reported that on 9.11.2011 his daughter Asha Kumari came to school but did not return home. He suspected that Nitish Kumar alias Nitu had kidnapped his daughter Asha. Nitu is a driver on taxi of Mani Ram. The age of Asha is about 18 years 4 months. The girl had taken her all certificates with her. On this the case was registered for offence punishable u/s 366 IPC. It has been stated that copies of affidavit and matriculation examination certificate of Asha Kumari have been taken into possession, but Asha Kumari could not be traced. On 2.12.2011 petitioner has appeared before the police alongwith interim bail order. The prayer has been made for rejection of bail application.

I have heard the Learned Counsel for the parties and have also perused the police file. In the status report, it has been stated that girl is not traceable but Learned Counsel for the petitioner has stated that Asha Kumari is very much present in the court today. I have perused the copy of affidavit dated 15.11.2011 of Asha Kumari. In the affidavit, it has been stated that she got married with petitioner on 15.11.2011 voluntarily and without any pressure. In the FIR itself, the age of Asha Kumari has been given 18 years 4 months on the date of registration of the case. It emerges from the material on record that petitioner and Asha Kumari after marriage are living as husband and wife. The petitioner has made out a case for grant of bail u/s 438 Cr.P.C.

In view of above, petition is allowed and it is directed that in the event of arrest of the petitioner, he shall be released on bail in FIR No. 345 dated 28.11.2011 registered at Police Station, Anni, District Kullu, u/s 366 IPC, on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of arresting officer with the conditions that petitioner shall continue to join the investigation as and when called upon to do so by the investigating officer and shall not terrorise, overawe any prosecution witness or tamper with the prosecution evidence in any manner.

Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.

The application stands disposed of.