JATINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court seeking anticipatory bail in case FIR No. 31 of 2022, dtd. 15/2/2022, registered in Police Station Amb District Una, H.P. under Ss. 377, 354, 506, 509 of the Indian Penal Code (for short 'IPC') and Sec. 8 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO').

(2.) Status Reports stand filed and record was also made available. Learned counsel for the petitioner has also placed on record certain documents by filing Cr.M.P. No. 697 of 2022, which were taken on record for consideration.

(3.) As per staus reports, on 15/2/2022, Police Party went to Civil Hospital, Hoshiarpur to verify the facts regarding report No. 38, dtd. 15/2/2022, where victim (wife of petitioner) made a statement under Sec. 154 Cr.P.C. stating therein that she was married to petitioner on 24/11/2017 and out of wedlock a daughter was born on 12/10/2018. After behaving nicely for some time, her in-laws started misbehaving with her and she had disclosed this in her maternal family, but for the sake of honour of the family, she continued to bear it and when she was pregnant her husband used to have anal intercourse with her, but it was also not disclosed by her to save honour of in-laws. It has further been stated in the complaint that petitioner used to touch breast and private parts of the daughter with ill intention and father-in-law of the victim used to come naked in front of her and to do vulgar activities and sometimes her Jeth and Jathani used to lock her in the bathroom. It was also stated that Lucky son of her Uncle father-in-law (Chacha-Sasur) also used to pass vulgar comments and whenever she discussed all these activities of her family members with her husband, he used to threaten her and since for last 8 to 10 days her husband was doing unnatural intercourse with her but she did not disclose it to anyone, but ultimately she was fed up and disclosed all that to her mother, who advised her to leave the matrimonial house alongwith daughter and come to live with her mother in maternal house and, therefore, on 12/2/2022, she alongwith her daughter left her in-laws house and went to her parental place Chohal in Punjab and her mother took her to Civil Hospital Hoshiarpur on 14/2/2022, wherefrom she was under treatment. According to complaint, victim had also approached Pradhan and Panch, who had advised her to adjust with her father-in-law. It is also stated in the complaint by the victim that her Dever Narender Kumar also used to pass vulgar comments.