TARUN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under S.438 CrPC, bail petitioner has sought anticipatory bail in FIR No. 131, dated 17.12.2018, under Ss. 363 and 366A IPC registered at Police Station Rajgarh, District Sirmaur, Himachal Pradesh.

(2.) Sequel to order dated 24.12.2019, ASI Maan Dass has come present with the record. Mr. Sudhir Bhatnagar, learned Additional Advocate General has also placed on record status report prepared by the investigating agency on the basis of investigation carried out by it. Record perused and returned.

(3.) Record/status report made available to this Court reveals that on 17.12.2018, complainant Chander Mohan lodged a complaint at Police Station Rajgarh, District Sirmaur, Himachal Pradesh alleging therein that the bail petitioner has made his minor daughter, aged 17 years, (name withheld) to elope with him under the pretext of marriage, as such, appropriate action be taken against him. On the basis of aforesaid complaint, FIR in question came to be lodged against the bail petitioner but since he remained underground till the date of filing of the petition at hand, he could not be arrested by the investigating agency. On 25.12.2019, bail petitioner, after having obtained interim order from this Court, presented himself before the investigating agency alongwith the victim-prosecutrix. On 25.10.2019, bail petitioner and the victim-prosecutrix made available certificate of marriage to demonstrate that they have already contracted marriage with each other. Victim-prosecutrix, in her statements recorded under Ss. 161 and 164 CrPC, categorically deposed before the Police as well as judicial Magistrate that she of her own volition and without there being any external pressure, went with the bail petitioner and now she has already solemnised marriage with him. She stated that that on 21.11.2019, she and bail petitioner have solemnised marriage in Sri Mahakaleshwar Mandir, Solan, as such, no action, if any, is required to be taken against the bail petitioner.