LAWS(HPH)-2011-12-204

NITU RAM S/O. SH. RAM DASS JOSHI VILLAGE KANOHAR NALA POST OFFICE KUFFRI, TEHSIL AND DISTTT. SHIMLA, H.P. Vs. STATE OF H.P.

Decided On December 07, 2011
Nitu Ram S/O. Sh. Ram Dass Joshi Village Kanohar Nala Post Office Kuffri, Tehsil And Disttt. Shimla, H.P. Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THIS is an application, under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 345 dated 28.11.2011 registered at Police Station, Anni, District Kullu, under section 366 IPC.

(2.) It has been stated that petitioner apprehends his arrest in view of registration of above case. The petitioner and Asha Kumari have married according to their free will. They have also exchanged affidavits before the Sub Divisional Magistrate, Chachyot. The petitioner has been falsely implicated in the case. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail.

(3.) THE status report has been filed. It has been stated that on 28.11.2011 Diwan Chand accompanied by Vinod Chandel, Pradhan, Gram Panchayat, Anni came to the Police Station and reported that on 9.11.2011 his daughter Asha Kumari came to school but did not return home. He suspected that Nitish Kumar alias Nitu had kidnapped his daughter Asha. Nitu is a driver on taxi of Mani Ram. The age of Asha is about 18 years 4 months. The girl had taken her all certificates with her. On this the case was registered for offence punishable under section 366 IPC. It has been stated that copies of affidavit and matriculation examination certificate of Asha Kumari have been taken into possession, but Asha Kumari could not be traced. On 2.12.2011 petitioner has appeared before the police alongwith interim bail order. The prayer has been made for rejection of bail application.