Shiv Prasad vs State of Rajasthan

Mr. Sandeep Mehta, J.—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. (C.R.) No. 41/2016, registered at Police Station Bhanipura, District Churu for the offences under Sections 376, 363 and 366 of the IPC.

Heard learned counsel for the petitioner, learned Public Prosecutoi and the learned counsel for the complainant. Perused the material available on the record, including the statement of the prosecutrix recorded under Section 164 Cr.P.C. as well as the photographs of marriage placed on record.

The prosecutrix is admitly a major girl. She alleged that she was introduced to the petitioner by one Mst. ''S''. Thereafter, the petitioner took her photographs. She took a phone from the petitioner and used to talk to birr regularly. The marriage of the present petitioner with the complainant was registered by the Registrar of Marriages, Surat Municipal Corporation op 19.04.2016. The prosecutrix admitly travelled with the petitioner through thickly populated places and stayed with him for a significantly long period without making any objection whatsoever.

In this background, but without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Shiv Prasad S/o Shri Dhanna Ram arrested in connection with the F.I.R. (C.R.) No. 41/2016, registered at Polio Station Bhanipura, District Churu shall be released on bail provided hi 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.