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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.229/2016, registered at Police Station
Khamera, District Banswara for the offences under Sections 366
and 376 IPC.
Prosecutrix Mst. I is a major girl. She went away with the
petitioner about ten months prior to the lodging of the FIR and
was allegedly kept by the petitioner at Ahmedabad. During this
period, the petitioner allegedly subjected her to sexual intercourse
but she never raised any protest etc. In her statement recorded
under Section 164 Cr.P.C. she stated that she conceived from the
petitioner but does not desire to marry him.
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 Patiya arrested in
connection with the F.I.R. No.229/2016, registered at Police
Station Khamera, District Banswara 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.