SOMWATI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer under Section 439 Cr.PC is for grant of regular bail to the Petitioner in case bearing FIR No. 247 dated 19.08.2010 under Sections 376, 120-B of the Indian Penal Code registered with Police Station Focal Point, Ludhiana.

(2.) It is stated that the son of the Petitioner, namely, Vijay Kumar due to his love affair with Rizwana Parveen solemnized their marriage on 7.1.2010 with their own sweet will. Reference is made to the affidavit of Rizwana Parveen at Anexure P-2, wherein it is stated on oath by her that she had solemnized her marriage at her own sweet will on 7.1.2010 and was happily living at her in-laws house.

(3.) Learned Counsel submits that in view of the fact that Rizwana Parveen had left her parental home of her own sweet will even though she is alleged to be below 18 years of age, it cannot be said that she was enticed ot taken away from the lawful custody of her parents. It is further stated that no offence is made out against the Petitioner mother who is in custody since 19.10.2010.