Rajender Kumar alias Raju vs State of Himachal Pradesh

Mr. Justice Kuldip Singh, Judge

This is an application u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 82 of 2011 dated 2.6.2011 registered at Police Station, Jogindernagar, District Mandi, under Sections 363, 366 and 376 IPC. It has been stated that case of the prosecution is that petitioner has kidnapped the daughter of the complainant on 31.5.2011 in order to marry her. It has been alleged that the date of birth of the prosecutrix is 1.1.1994 and on the date of occurrence she was minor. The complainant is the step mother of the prosecutrix. It has been alleged that complainant was fixing forcibly marriage of prosecutrix with one Bipin to which the prosecutrix was not agreeing. The prosecutrix intended to marry the petitioner. In these circumstances, the prosecutrix of her own left her house on 31.5.2011.

It has been stated that petitioner is innocent, he has been falsely implicated in the case. On account of the registration of the above case, the petitioner is apprehending his arrest in the above FIR. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. It has been submitted that no recovery is to be made from the petitioner. The prayer has been made for releasing the petitioner on bail.

The status report has been filed in which it has been stated that the case has been registered on the report of Rekha Devi, who has alleged that she has adopted the prosecutrix. It has been alleged that prosecutrix had been missing and had gone somewhere without telling anyone. On this DD report No. 20 was recorded on 1.6.2011 at Police Station, Jogindernagar. The complainant again visited the Police Station and suspected that Raju might have kidnapped her daughter with the intention to marry her, on this case was registered. On instructions received, the learned Assistant Advocate General has stated that prosecutrix is still residing with the petitioner.

The learned counsel for the petitioner has stated that petitioner and prosecutrix had jointly filed CWP No. 532 of 2012 and on 27.1.2012 in CWP No. 532 of 2012 it has come on record that prosecutrix had stated that she had voluntarily left her parents house and was residing with petitioner Rajender Kumar. In these circumstances, the petitioner has made out a case for grant of bail u/s 438 Cr.P.C.

In view of above, the petition is allowed. In the event of arrest of the petitioner in FIR No. 82 of 2011 dated 2.6.2011 registered at Police Station, Jogindernagar, District Mandi, under Sections 363, 366 and 376 IPC, the petitioner be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the conditions that the petitioner shall join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.