Sarabjit Kaur And ANR v. State Of Punjab

CRM No.M-7910 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-7910 of 2017 Decided on: 16.03.2017 Sarabjit Kaur and another ....Petitioners

Versus

State of Punjab ....Respondent CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. K.S. Lakhanpal, Advocate for the petitioners.

Mr. Ankur Jain, AAG, Punjab.

REKHA MITTAL, J. (Oral) The petitioners pray for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.54 dated 03.11.2016, for offence punishable under Sections 4 of the Protection of Children from Sexual Offences Act, 2012 (in short 'the POCSO Act') and 9, 10 and 11 of Prohibition of Child Marriage Act, 2006 registered in Police Station Kalanaur, District Gurdaspur. Counsel for the petitioners would submit that earlier the petitioners were allowed regular bail by this Court for offence punishable under Sections 363, 366-A, 506 and 120-B of the Indian Penal Code, 1860 (in short 'IPC') vide order dated 17.02.2017 passed in CRM-M No.3020 of 2017 'Sarabjit Kaur and another vs State of Punjab'. It is further submitted that this case has been registered with regard to kidnapping of a girl aged 171⁄2 years who has actually performed marriage with Jaswant Singh son of petitioner No.1 and Mohd. Yakub 2017.03.17 12:28 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-7910 of 2017 brother of petitioner No.2. It is further submitted that Sharanjit Kaur, the alleged kidnapped girl is residing in her matrimonial home and is leading a blissful married life. Jaswant Singh has been allowed benefit of pre-arrest bail by this Court and the petition is pending. Counsel for the State has not disputed the factual assertions.

In view of the above, without commenting upon merits of the case, the petition is allowed and the petitioners are ordered to be released on bail subject to their furnishing bail bonds to the satisfaction of the trial Court. However, they shall abide by the following conditions:- (i) They shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (ii) They shall not leave India without the previous permission of the Court.

16.03.2017 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.03.17 12:28 I attest to the accuracy and authenticity of this document Chandigarh