DURGA DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) POLICE report has been filed and the Investigating Officer SI Chand Kishore, Police Station, Balh, District Mandi has also produced the record. Heard. The accused -petitioner is apprehending his arrest in a case registered against him vide FIR No. 119/12, dated 18.4.2012 in Police Station, Balh, District Mandi.

(2.) THE record reveals that initially the FIR against the accused -petitioner was registered under Sections 363, 366 -A and 109 of the Indian Penal Code. He was not available for being associated in the investigation of the case till 2.6.2013, on which date he appeared before the Police for the purpose of interrogation, may be after the interim order passed in this petition on 27.5.2013 directing thereby the Investigation Officer to release him on bail in the event of his arrest in connection with the aforesaid case. The prosecutrix has also been interrogated by the Police, who appeared alone before the Police on 28.5.2013 in the Police Station and has also been interrogated by the Investigating Officer. She, however, has refused to get her medically examined.

(3.) THE prosecutrix is present in person along with her husband, the accused petitioner. She submits that her date of birth is 1.5.1995. The affidavit produced on record reveals that she has solemnized her marriage with accused -petitioner on 3rd May, 2013 at Jalpa Mata Mandir, Galu, Tehsil Jogindernagar, District Mandi. On the day of her marriage, she was above 18 years of age. The accused -petitioner being born on 2nd August 1988 is 24 years of age, though in the affidavit Annexure A -2, he has disclosed his age as 29 years, may be by way of an inadvertent mistake. The fact however, remains that they both having attained marriageable age are eligible to solemnize a valid marriage. In the given facts and circumstances, whether a case under Section 363 is made out against the accused -petitioner or not, this Court refrain itself to make any observation and leave open to consider the same in appropriate proceedings by appropriate forum having jurisdiction over the matter. However, suffice would it to say that in the totality of circumstances, the accused -petitioner in the event of his arrest in this case deserves to be released on bail. This application is accordingly allowed. Consequently, it is ordered that in the event of arrest of the accused -petitioner in connection with FIR No. 119/12, registered against him under Section 363 IPC, in Police Station, Balh, District Mandi, he shall be released on bail, subject to his furnishing personal bond in the sum of Rs. 25,000/ - with one surety in the like amount to the satisfaction of the arresting police officer/I.O. He, however, is directed to join the investigation as and when required by the Investigating Officer. He shall also not tamper with the prosecution evidence and hamper the investigation of the case in any manner whatsoever. He is further directed not to leave the territory of India without the prior permission of the Court. The application stands disposed of.