LAKHVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 82 dated 16.8.2009, under Sections 376, 363, 380, 366-A, 120-B of the Indian Penal Code registered at Police Station Sherpur District Sangrur.

(2.) Learned counsel for the petitioner has submitted that the petitioner is in custody since 2.12.2009 and the prosecutrix is presently residing with the parents of the petitioner. The petitioner and the prosecutrix had performed marriage and had been blessed Criminal Misc. No.M-19574 of 2010 (O&M) -2- with a child.

(3.) Learned State counsel, who is assisted by learned counsel for the complainant, on the other hand, has opposed this petition and has submitted that the prosecutrix was a minor at the time of the alleged occurrence.