SANJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Sanjeev Kumar, who is behind the bars since 9.12.2017, has approached this Court in the instant proceedings filed under Section 439 CrPC, praying therein for grant of regular bail in connection with FIR No. 133 of 2017 dated 7.12.2017, under Section 376 IPC and Sections 6 and 17 of Protection of Children from Sexual Offences Act, registered at Police Station, Tissa, District Chamba, Himachal Pradesh.

(2.) Sequel to order dated 26.3.2018, ASI Sat Pal has come present with the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

(3.) Perusal of record/ status report reveals that FIR detailed herein above, came to be lodged at the behest of the complainant namely Ram Dei, who alleged that her minor daughter was enticed and taken away in her absence by accused Sanjeev Kumar and his father on 25.9.2017. Allegedly on 26.9.2017, complainant contacted her daughter (prosecutrix) , over the telephone, who disclosed that she has been brought to village Kanoi by accused Sanjeev Kumar and his father, Chaman Singh. Since families of complainant and accused were known to each other and they had also agreed for marriage of the victim and Sanjeev Kumar, complainant thought it not proper to register complaint in the Police Station against aforesaid illegal act of Sanjeev Kumar and his father. Allegedly after one and a half months of aforesaid incident, mother of petitioner, who is also accused in the case, visited the house of complainant alongwith victim but she left victim there and returned back to her house. Since for considerable time, none from the family of bail petitioner came back to take the victim, complainant with the assistance of Panchayat made an endeavour to contact bail petitioner and his parents but accused refused to accept her as such case referred to herein above came to be registered against them at Police Station Tissa, District Chamba.