FATESHWAR RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 438 of Criminal Procedure Code (Cr.P.C), seeking bail in case FIR No. 132/2021 dtd. 13/10/2021, registered in Police Station, BSL Colony, Sunder Nagar, Distt. Mandi, H.P., under Sec. 376 of Indian Penal Code (IPC) and Sec. 4 of Protection of Children from Sexual Offences Act (POCSO Act).

(2.) Status report stands filed, wherein it is stated that on 13/10/2021, a telephonic information was communicated by a Doctor from Civil Hospital, Sundernagar, to Police Station, BSL Colony, Sundernagar that a 16 years old girl has delivered a female child. On receiving the telephonic information, Police party rushed to the Hospital and recorded statement of girl under Sec. 154 of Code of Criminal Procedure (Cr.P.C), wherein she has stated that she has developed friendship with petitioner Fateshwar Ram resident of village Bhuwara and one day they decided to live together and in October, 2020, she and petitioner met at Karsog and went to Manali and solemnized marriage by giving words to each other and started residing together, with consent, as husband and wife. Thereafter, they went to Baddi. As parents of both were not ready to accept their marriage, therefore, they lived at Manali and thereafter started living at Baddi and since last three months, she with her own wish and volition, had started residing in the house of the petitioner at Village Bhuwara and because of pregnancy she came to the Hospital, and delivered a daughter. Lastly, she disclosed her age was about 16 years.

(3.) Petitioner, in his petition, as well as in submissions made by the learned counsel for the petitioner, has admitted the victim/girl to be his wife and has submitted that they have solemnized marriage and are residing in village Bhuwara and as evident from birth certificate, placed on record as Annexure P-1, name of father and mother of the female child have been mentioned as Fateshwar Ram (petitioner) and girl/victim.