High Court of Punjab and HaryanaCRM-M/5521/2023allowed

Manju Rani v. State Of Haryana And Another

2023-02-02Mr. Justice Tribhuvan Dahiya2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 103 Criminal Miscellaneous No.M-5521 of 2023 Date of Decision: February 02, 2023 Manju Rani @ Anju ..... PETITIONER(S)

VERSUS

State of Haryana & another ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA . . .

PRESENT: - Mr. Ashok K. Sharma (Bhana), Advocate, for the petitioner.

Ms. Mahima Yashpal, Deputy Advocate General, Haryana, for respondent No.1.

Mr. Arun Sharma, Advocate, for respondent No.2. . . .

Tribhuvan Dahiya, J (Oral) Learned counsel for the petitioner, at the outset, contends that petitioner Manju Rani is also known as Anju, as she has been referred to by that name in the FIR also. Therefore, petitioner's name in the petition should be read as Manju Rani @ Anju wife of Sunil Kumar. Ordered accordingly.

This is a petition under Section 438 Cr.P.C. for grant of prearrest bail to the petitioner in case FIR No.123 dated 29.9.2021 under Sections 328, 34, 366, 376-D IPC and Section 6 of POCSO Act, 2012, registered at Police Station Women, Kaithal, District Kaithal. Learned counsel for the petitioner further contends that the petitioner is sister of the main accused Manoj Kumar, and was implicated AVIN KUMAR 2023.02.02 16:23 I attest to the accuracy and integrity of this order/judgment

CRM No.M-5521 of 2023 [2] only because he was residing at her place. She was found innocent by the police after investigation. Subsequently, on the application under Section 319 Cr.P.C. having been filed, the petitioner has been summoned to face trial vide order dated 1.12.2022. It is apprehended that she will be taken in custody on appearing before the trial Court.

Learned State counsel, on instructions from ASI Manjeet Kaur, submits that investigation of the case is complete and challan has already been filed. Therefore, the petitioner would not be required for custodial interrogation, at this stage.

In view thereof, the petition is allowed. The petitioner is directed to appear before the trial Court and on her doing so, she will be admitted to bail on furnishing bail/surety bonds to the satisfaction of trial Court.

(Tribhuvan Dahiya) Judge February 02, 2023 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No AVIN KUMAR 2023.02.02 16:23 I attest to the accuracy and integrity of this order/judgment