Devi Chand vs State of H.P.

Surinder Singh, J.—The Petitioner has filed this application u/s 439 of the Code of Criminal Procedure, for seeking bail.

Report filed.

As per the report, Petitioner was arrested for the offences punishable under Sections 376, 506, 119, 120-B, 201, 312 and 511 read with Section 34 of the Indian Penal Code, in FIR No. 12/09 registered on 5.10.2009, in Police Station Shahpur, District Kangra, H.P.

Heard and gone through the report and the investigation file.

Precisely, the prosecution case is that the prosecutrix was a maid servant in the house of the accused-Petitioner. It is alleged that one year prior to the FIR, the Petitioner finding her alone in the house ravished her, at that time she was 17 years of age. The wife of the Petitioner is a Pradhan and in connection with work, she used to remain outside. The prosecutrix did not make any complaint to her parents or to police, but kept on working in the house of the Petitioner. During this time, she was repeatedly raped by the Petitioner. When she carried the pregnancy of three months and her tummy became visible, the wife of the Petitioner asked her the reasons there far. Then prosecutrix disclosed the whole story to her. Thereafter, the prosecutrix was taken by her to the hospital for abortion but doctor refused. Thereafter, she was given Rs. 2,000/- and sent her to her parental house with an assurance that they would chalk out further course of action at the time of her delivery. The parents of the Petitioner did not cooperate with her, ultimately her mother took her to the police station and present FIR was lodged. She gave the birth to a male child. His DNA test was carried out and on the basis of analysis performed, the Petitioner was turned out to be the biological father of the child.

The police obtained the birth certificate of the prosecutrix from the concerned Panchayat. Her date of birth is 20.1.1991, which comes to slightly less than 18 years on the day of alleged incident.

In view of the aforesaid circumstances, the continuous custody of the Petitioner will not serve any purpose, thus he can be released after imposing certain conditions in the interest of justice. Therefore, the Petitioner is ordered to be enlarged on bail on his furnishing the bail bonds in the sum of Rs. 20,000/- with one surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kangra at Dharamshala and this bail shall be subject to the following conditions that the Petitioner:

(i) shall present keep on joining the investigation of this case and thereafter shall also present in the court as and when required to do so;

(ii) shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts truly to the court or to any police officer; and

(iii) since the Petitioner is prima-facie shown to be the biological father of the child as per the DNA report, the Petitioner is directed to pay the amount of Rs. 10,000/-to the prosecutrix for the initial maintenance of the child and expenditure occurred in her delivery, in the presence of the Investigating Officer within two weeks from his release, who after obtaining the receipt from the prosecutrix shall keep the same on the record of the case.

In case the Petitioner shall make breach of any of the conditions aforesaid, the liberty of his bail shall be cancelled.

Any observations made hereinabove, shall not affect the merits of this case in any manner.

An authenticated copy be sent to the learned Chief Judicial Magistrate, Kangra at Dharamshala, for his intimation and necessary action at his end.

Application stands disposed of.