MANOJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Manoj Kumar, who is behind the bars since 9.6.2019, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No. 132/2019, dated 7.6.2019, under Sections 363 and 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, registered at police Station, Sundernagar, District Mandi, Himachal Pradesh.

(2.) Sequel to order dated 8.8.2019, ASI Jagat Ram has come present alongwith the record. Mr. Sudhir Bhatnagar, learned Additional Advocate General, has also placed on record status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Close scrutiny of the record/status report, reveals that on 7.6.2019, complainant namely, Sh. Harijender lodged a complaint at police Station, Sundernagar, District Mandi, H.P., alleging therein that her daughter (hereinafter referred to as the prosecutrix', name withheld to protect her identity) has eloped with some unknown person. Complainant also provided phone number of a person, with whom allegedly her daughter eloped. On the basis of aforesaid complaint, police registered a case under Section 363 IPC and started the investigation. On the basis of the information provided by the complainant, police apprehended the bail petitioner on 9.6.2019 at village Chagaun (Tapri), District Kinnaur, H.P., and also recovered the prosecutrix. Police after recording the statement of prosecutrix, registered a case under Section 376 IPC against the bail petitioner on 9.6.2019 and since then he is behind the bars. Police also got the statement of prosecutrix recorded under section 164 Cr.P.C. After completion of the investigation, police presented the challan in the competent Court of law.