Parveen vs State of Haryana

Jitendra Chauhan, J.—By filing the present petition u/s 439 of the Code of Criminal Procedure, the petitioner has sought regular bail in case FIR No. 156, dated 17.5.2012, registered under Sections 363, 366-A, 368, 372, 376 of the Indian Penal Code at Police Station Indri, District Karnal. Learned counsel for the petitioner contends that the prosecutrix is major. She willingly accompanied the petitioner. He refers to the statement dated 4.7.2012 of the prosecutrix, wherein she stated that she wants to live with Parveen, the present petitioner. He further asserted that the complainant, who is the mother of the prosecutrix, is in the habit of making such complaints. He further refers to Annexure P-4 and states that earlier the complainant had made similar allegations against one Sonu, which were found to be false and he was acquitted by the trial Court. The petitioner is behind bars since 5.7.2012.

On the other hand, the learned State counsel opposes the prayer of the petitioner. He further informs that out of total eighteen witnesses, five have been examined so far.

Heard.

The petitioner is in custody since 5.7.2012. Out of eighteen witnesses, thirteen remain to be examined. In view of the above, without expressing any opinion on merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail during the pendency of the trial subject to furnishing the bail bonds to the satisfaction of the learned trial Court.