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Judgment
Anoop Chitkara, J
The petitioner, an unmarried boy aged 22 years, who is under incarceration after his arrest for allegedly alluring a 14 years old girl and committing
sexual intercourse with her, which amounts to statutory rape, has come up before this Court, seeking regular bail.
Based on the complaint made by the father of the victim, the Police arrested petitioner on 28.7.2018, in FIR No.90 of 2018, dated 26.7.2018,
registered under Sections 376, 363, 366 of Indian Penal Code, 1860, (IPC) and Section 4 of the Protection of Children from Sexual Offences Act,
2012 (POCSO Act), in Police Station, Chopal, District Shimla, Himachal Pradesh, disclosing cognizable and non-bailable offences.
I have heard Mr. R.K. Bawa, learned Senior Advocate, assisted by Mr. Maan Singh, Advocate as Amicus Curiae for a considerable time.
Mr. R.K. Bawa, learned Amicus Curiae submits that the present is not the case where a girl under the age of 18 years had coitus with her body-
friend whom she knows for a long time, but it is a case where the accused-petitioner is known to her only for a week and the age of the prosecutrix is
just 14 years. He further submits that the discretion of the Courts while considering bail would depend upon various factors, but in no case the girl
should be under 16 years of age.
Learned counsel for the petitioner after arguing for sometime, seeks permission to withdraw the present petition with liberty to file the same afresh
subsequently. Prayer not opposed. Permission granted. Liberty reserved.
Accordingly, the present petition is dismissed as withdrawn.