The court granted anticipatory bail to the petitioner in a charge related to kidnapping and rape, noting an alleged consensual elopement manipulated by the prosecutrix·s family·
Petition allowed; petitioner to appear before investigating officer on 20.10.2011 and be released on bail subject to conditions under Section 438(2) Cr.P.C.
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CRM-M No. 25683 of 2011 ****
Maninder Singh vs. State of Punjab
Present: Mr.Munish Gupta, Advocate for the petitioner.
Mr. S.S.Gill, DAG, Punjab. ****
This is a petition for anticipatory bail filed in case bearing FIR No. 151 dated 6.6.2010 under Sections 363, 366-A, 376, 120-B IPC registered at Police Station Sangrur Distt. Sangrur.
On 3.10.2011, the following contention was noticed:-
“Learned counsel for the petitioner states that the present is a clear case of consensuous elopement which has now been turned into kidnapping and rape by the prosecutrix under the influence of family.”
Learned DAG, on instructions from SI Virinder Singh, has accepted the allegation that as per FIR it was a case of consent but has argued that the girl was 17 years and 3 months of age at that time.
Be that as it may, in my considered opinion it would be in the interest of justice to grant the concession of anticipatory bail to the petitioner. No doubt, if he is found guilty, he would be liable to face whatever punishment is imposed upon him.
In this view of the matter, this petition is allowed. Let the petitioner appear before the investigating officer on 20.10.2011 between 10.00 a.m. and 4.00.p.m. The investigating officer shall release him on bail to his satisfaction, subject to the conditions laid down in Section 438(2) Cr.P.C.
Petition stands disposed of.
( AJAY TEWARI ) JUDGE
October 12, 2011 sunita
3 issues framed by the court
Whether anticipatory bail should be granted in a case of alleged kidnapping and rape arising from a consensual relationship?
Whether the age of the prosecutrix at the time of the alleged offence is a relevant consideration for granting bail?
What terms of bail should be imposed on the petitioner in this case?
Maninder Singh
State of Punjab
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
