DAULAT RAM Vs. STATE OF H P

JUDGEMENT

(1.) Present bail application is filed under Section 438 Code of Criminal Procedure 1973 for grant of anticipatory bail relating to FIR No.103/2016 registered under Section 363 IPC in Police Station Karsog Distt. Mandi (H. P.).

(2.) It is pleaded that marriage was solemnized between Sh. Tota Ram who is son of Sh. Daulat Ram and prosecutrix on 03.05.2016. It is further pleaded that marriage is inter caste marriage and family members of prosecutrix filed criminal complaint in the police station. It is further pleaded that petitioners only witnessed the marriage ceremony. It is further pleaded that petitioners would appear before the investigating agency whenever and wherever directed. It is further pleaded that petitioners would not intimidate any of the prosecution witnesses in any manner. It is further pleaded that petitioners would abide by all terms and conditions imposed by the Court. Prayer for grant of anticipatory bail sought.

(3.) Per contra police report filed. As per police report Sh. Paras Ram filed criminal complaint under Section 363 IPC. There is recital in police report that minor prosecutrix was undergoing training of stitching in Kanhaiya Garments Karsog. There is further recital in police report that younger daughter and son of complainant are studying in Govt. Senior Secondary School Karsog. There is further recital in police report that Sh. Paras Ram took room of Sh. Virender Sharma on rent basis. There is further recital in police report that on 02.05.2016 at 11.00 a.m. minor prosecutrix went to Kanhaiya Garments Karsog and did not return back in her residential house in the evening. There is further recital in police report that prosecutrix was born on 13.01.1999. There is further recital in police report that after registration of case investigation started and certificate of age of minor prosecutrix obtained from Secretary Gram Panchayat Kuthed. There is further recital in police report that at the time of incident age of minor prosecutrix was 17 years 6 months and 8 days. There is further recital in police report that statements of witnesses under Section 161 Cr.PC recorded. There is further recital in police report that Sh. Tota Ram co-accused has kidnapped minor prosecutrix from lawful guardianship without consent of guardian. Prayer for rejection of anticipatory bail sought.