RAJESH KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioner, Rajesh Kumar, son of Ramesh Pal, resident of village Chak Dhariwal, Tehsil and District Pathankot, who has been booked for having committed the offences punishable under Sections 120-B, 363A, 366 and 376, IPC, in a case arising out of FIR No. 74, dated 18.9.2014, registered at Police Station, Kahnwa, District Pathankot.

(2.) Learned counsel contends that the prosecutrix (name withheld), who was approximately 18 years old, had fell in love with the petitioner; the prosecutrix herself proposed and left her parental house on her own sweet-will to solemnize marriage with the petitioner; they solemnized the marriage on 17.9.2014 in a temple and thereafter filed a petition under Section 482, Cr.P.C., before this Court for grant of protection of their lives and liberty; and the said petition was accepted and the Senior Superintendent of Police, Pathankot, was directed to look into the grievances of the petitioner and the prosecutrix. He further contends that the parents and other family members of the prosecutrix became inimical towards the petitioner and his family members and in collusion with the police, got the present case registered against the petitioner and his family members.

(3.) He further contends that the statement in terms of Section 164, Cr.P.C., of the prosecutrix was recorded by the learned Chief Judicial Magistrate, Pathankot, on 14.10.2014 in which she deposed on oath that she was around 18 years of age and she had left her parental house with her own sweet-will. She further deposed that she had asked the petitioner to solemnize the marriage with her. He further contends that later on the petitioner and the prosecutrix were apprehended by the police. He also submits that the petitioner is behind the bars from 14.10.2014.