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High Court of Punjab and HaryanaCRM-M/29954/2019allowed

Amrik Singh v. State Of Haryana

2019-10-01Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-29954-2019 Date of decision:1.10.2019 AMRIK SINGH ....Petitioner

Versus

STATE OF HARYANA .....Respondent **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Nonish Kumar, Advocate for the petitioner.

Mr. Ashok Singh Choudhary, Addl. A.G., Haryana. **** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks grant of anticipatory bail in respect of FIR No.114 dated 18.5.2019 under Sections 346, 506, 366-A IPC, Police Station Mullana, District Amabla.

2.

The FIR was registered at the instance of Jagdish Kumar wherein it has been alleged that on 18.5.2019 he went to his fields to irrigate his land and when he returned home he found that his daughter Meena Devi aged 18 years was missing and although they searched her daughter but she could not be found.

3.

Learned counsel for the petitioner has submitted that in fact it is a case where petitioner had solemnized marriage with complainant's daughter out of her free will and consent and they are presently living happily as husband and wife.

GAURAV SOROT 2019.10.01 15:51 I attest to the accuracy and integrity of this document

(2) CRM-M-29954-2019 4.

Learned State counsel has however opposed the petition while stating that during investigation it was found that complainant's daughter was aged about 16 years at the time of her marriage and that in these circumstances the petitioner does not deserve the concession of bail. It has however been informed that the petitioner has since joined investigation. 5.

Having regard to the facts and circumstances of the case and while noticing that the petitioner has already joined investigation, present case is not found to be such which would warrant custodial interrogation of petitioner. Accordingly the petition is accepted and the interim directions issued vide order dated 17.7.2019 by this Court are hereby made absolute subject to the condition that the petitioner would appear before Investigating Officer as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

( GURVINDER SINGH GILL) 1.10.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.10.01 15:51 I attest to the accuracy and integrity of this document