CHANDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Chander Pal Singh seeks pre-arrest bail in terms of Section 438 Cr.P.C. in case FIR No. 207 dated 5.11.2006 for the offences under Sections 363, 366A, 341, 506 and 120-B IPC registered against him at Police Station City, Kotkapura.

(2.) THE FIR has been registered on the complaint of Raj Kumar. It is alleged that his daughter Shelly, who was studying in 10+2, had suddenly on 10.10.2006 at about 6.00 p.m. left the house. Despite search she could not be traced. On the following day i.e. 11.10.2006 at about 11.00 a.m. the complainant received a call on his mobile. The calling party informed the complainant that his daughter has been taken away by the petitioner on the pretext of marrying her. Thereafter, his daughter made a call at about 6.15 p.m. and told the complainant that she had been taken by the petitioner on the saying of his sister Gaytri Devi and the husband of Gaytri Devi, namely, Narinder Kumar. She has been confined under threat by them and also one Chameli Devi wife of Ram Phool Singh. On the basis of the above, the FIR has been registered for the afore-noticed offences.

(3.) LEARNED counsel for the State and complainant have submitted that the date of birth of Shelly is 9.6.1989 and, therefore, she was less than 18 years of age. As such, Shelly has not reached the age of majority and is in the illegal confinement of the petitioner. The solemnization of marriage, it is submitted, has been cooked by the petitioner so as to avoid the criminal proceedings against him.