PRITHI PAUL Vs. STATE OF H.P.

JUDGEMENT

(1.) ASI Kuldeep Kumar, I.O. P.S Chirgaon, is present alongwith record. Record perused and returned. Status report taken on record.

(2.) F .I.R No. 9/2013, dated 26.3.2013, under Section 376 IPC, was registered at Police Station Chirgaon. Apprehending arrest petitioner approached this Court, seeking bail under the provisions of Section 438 of the Code of Criminal Procedure. On 28.03.2013 this Court passed an interim order, directing that in the event of arrest, petitioner shall be enlarged on bail, subject to his complying with the conditions imposed therein. According to ASI Sh. Kuldeep Kumar, petitioner has joined investigation and is fully cooperative. So far, in the investigation it has come out that the husband of the prosecutrix has not made out any grievance with regard to the alleged offence. Be that as it may, the fact of the matter appears to be that the family of the petitioner, his brother and prosecutrix are residing under the same roof though they are maintaining separate kitchen. Mr. Dadwal, learned counsel for the petitioner, submits that at times they have been eating from the same kitchen.

(3.) IN the given facts and the circumstances, petitioner has prima facie made out a case for grant of bail.