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Judgment
Rakesh Kumar Jain, J
This is a petition for bail pending trial in a case registered vide FIR No. 91 dated 03.5.2011, u/s 376 of the Indian Penal Code at Police Station, City Kotkapura, District Faridkot.
On the oral request of the learned Counsel for the Petitioner, Amandeep Kaur/complainant was impleaded as a party Respondent No. 2. on 02.8.2011.
According to the case of the prosecution, the complainant was married with Lakhwinder Singh son of Gurcharan Singh but she was having an affair with the Petitioner. Her erstwhile husband Lakhwinder Singh had given her divorce before the Panchayat and the Petitioner started living with her as her husband and developed physical relations, as a result of which she became pregnant. Thereafter the complainant delivered a female child and her erstwhile husband Lakhwinder Singh had also got married to one Sukhpreet Kaur daughter of Major Singh on 19.7.2009 and has got a male child born on 08.10.2010.
On 12.9.2011, following order was passed by this Court:
"Present: Mr. Surinder Garg, Advocate, for the Petitioner. Mr. J.S. Brar, AAG, Punjab.
The Petitioner has prayed for bail in a pending trial case registered vide FIR No. 91 dated 03.05.2011, u/s 376 Indian Penal Code at Police Station City Kotkapura, District Faridkot.
The complainant Amandeep Kaur has alleged that she had an affair with the Petitioner before her marriage which took place on 04.03.2009 with Lakhvinder Singh son of Gurcharan Singh. It is further alleged that her marriage did not materialize and ultimately she took Panchayati divorce from Lakhvinder Singh and thereafter the Petitioner started living with her posing himself as her husband and made physical relations with her on the pretext that he will marry her. It is further alleged that he did not marry her despite the fact that she became pregnant and consequently she had to lodge the present FIR of committing rape upon her.
On the last date of hearing, learned Counsel for the Petitioner had submitted that the Petitioner is ready to marry the complainant if he is granted interim bail. He had also alleged that after taking Panchayati divorce, Lakhvinder Singh had already got married and is having a male child as well. In order to verify, this Court had asked the Investigating Officer to inquire the fact of second marriage of Lakhvinder Singh, on which the Investigating Officer has recorded his statement on 10.09.2011 and has found that Lakhvinder Singh is now married with Sukhpreet Kaur daughter of Major Singh on 19.07.2009 and is also having a male child born on 08.10.2010. Thus, for all intents and purposes, their marriage has been broken and the Petitioner is free to marry the complainant.
In this view of the matter, the Petitioner is granted interim bail for a period of one month on his assurance that he would perform marriage with the complainant. The Petitioner is ordered to be released on interim bail on his furnish bail bonds to the satisfaction of the learned Trial Court, for a period of one month during which he would perform marriage with the complainant.
Adjourned to 18.10.2011".
While on interim bail, the Petitioner has performed marriage with the complainant on 02.10.2011 as stated by her in the Court today.
Learned Counsel for the Petitioner submits that bail granted to the Petitioner is till today which may be extended and he may be released on regular bail as the complainant is not going to support the case of the prosecution.
In view thereof, the interim bail granted on 12.9.2011 to the Petitioner which is uptil today is extended upto 31.10.2011. He would surrender before the Court below on or before 31.10.2011 and would apply for regular bail and the trial Court is directed to release the Petitioner on bail on his furnishing bail bonds to its satisfaction.
A copy of this order be given to the learned Counsel for the Petitioner as well as to the learned State Counsel under the signatures of Court Secretary.