PO HAMIRPUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No.25/2012 dated 13.04.2012, registered at Police Station,Kotkhai, under Sections 363,366-A,376, 120-B IPC.

(2.) IT has been stated that according to the prosecution prosecutrix a student of 9th Class had gone to school on 04.04.2012. She came to Theog on a call given by one Sanju, leaving her school bag at Gumma. The prosecutrix stayed at night with some person of her acquaintance. On next morning 05.04.2012 at about 6.00 A.M., she was standing at Bus-stand, Theog, Rajinder alias Bihari Lal met her, who brought her to Hamirpur. Rajinder alias Bihari Lal kept the prosecutrix in a room in the hotel and allegedly committed sexual intercourse with her. On 06.04.2012, Rajinder called husband of the petitioner and petitioner in a hotel and handed over to them prosecutrix for contracting marriage with their son Sandeep. IT has been alleged that petitioner and her husband told the prosecutrix to bring her school certificate and they would continue her further schooling. On 12.04.2012, the prosecutrix was brought to Kotkhai by the husband and son of the petitioner and one Rattan Chand, relative, in a car driven by Sanjay Kumar. On 13.04.2012, the case was registered.

(3.) THE petitioner is apprehending her arrest on account of registration of above case. THE petitioner earlier filed bail application under Section 438 Cr.P.C., but that was dismissed on 27.04.2012 by learned Sessions Judge, Shimla, as not pressed. THE investigation in the case is almost complete. THE petitioner is ready to join the investigation and furnish bail bonds. THE submission has been made for releasing the petitioner on bail.