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High Court of Punjab and HaryanaCRM-M/24587/2016allowed

Rinku @ Kamal v. State Of Punjab

2017-05-19Mrs. Justice Raj Rahul Garg2 pages

CRM-M-24587-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24587-2016 Date of Decision:- 19.05.2017 Rinku @ Kamal ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Harminder Singh, Advocate for the petitioner.

Ms. Manpreet Dhaliwal, AAG, Punjab.

**** RITU BAHRI, J. (Oral) Petitioner has filed the present petition for seeking grant of anticipatory bail in a case FIR No.44 dated 19.06.2016, under Sections 376, 420 and 506 IPC, registered at Police Station Shahpurkandi, Tehsil and District Pathankot.

Pursuant to order dated 14.02.2017 of this Court, learned State counsel has filed the status report with respect to investigation on the complaint (Annexure P-2) whereby as per statement (Annexure R-2/T) of the prosecutrix only `4,70,000/- has been taken from her and the allegation of rape was not mentioned by her in her initial statement in order to save her dignity. Statement of Manoj Kumar, owner of A-one Dhaba, has been placed on record as Annexure R-2/T, who stated that on 23.05.2016, Naresh Kumar 2017.07.11 12:09 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-24587-2016 -2petitioner-Rinku @ Kamal came to his Dhaba with one lady, namely, Nirmal Kaur on his auto-rickshaw and the said lady had come from Amritsar. He had identified Nirmal Kaur, who had come to his Dhaba with petitioner-Rinku @ Kamal.

Learned counsel for the petitioner submits that the prosecutrix was a married lady of 35 years of age and she had accompanied the petitioner with her own will.

In view of the totality of the facts and circumstances of the case, order dated 22.07.2016, passed by this Court whereby the ad-interim anticipatory bail was granted to the petitioner is hereby made absolute. The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions as envisaged under Section 438 (2) Cr.P.C.

Accordingly, the present petition stands disposed of. May 19, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.07.11 12:09 I attest to the accuracy and integrity of this document Chandigarh