LAWS(HPH)-2021-5-1

AMIT KUMAR Vs. STATE OF H.P.

Decided On May 05, 2021
AMIT KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) Petitioner has approached this Court under Section 438 of Code of Criminal Procedure (hereinafter in short 'Cr.PC') for enlarging him on bail in case FIR No. 48 of 2017, dated 28.7.2017, registered in Police Station Panchrukhi, District Kangra, under Sections 363, 366, 368, 323, 376, 344, 506 and 120-B IPC, Section 181 of Motor Vehicles Act and Sections 6 and 17 of Prevention of Children from Sexual Offences Act, 2012 (in short 'POCSO Act').

(2.) Status report stands filed, wherein, it is stated that on 28.7.2017, father of the victim had approached the police with complaint that on 23.06.2017 his 16 years 8 months old daughter had been kidnapped on motorcycle from her lawful guardianship by petitioner and by alluring her to marry him and since then, petitioner as well as victim were not traceable for a considerable long time, whereupon an untraced report was prepared by Investigating Agency on 25.1.2019.

(3.) It is further stated in status report that in December, 2019, petitioner and victim had filed a joint petition bearing Cr.MMO No. 759 of 2019 for quashing of FIR by disclosing therein that petitioner and victim had solemnized marriage on 17.1.2019, but, despite that, police and parents of victim had been behind the couple to harass them.