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High CourtsSingle Bench(2011) 02 P&H CK 0134

Ram Nath and Another vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 15 February 2011

HON’BLE JUDGES
Alok Singh, J
CASE NUMBER
Criminal Miscellaneous No. M 2973 of 2011 (O and M)

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Judgment

7 paragraphs · 380 words

Alok Singh, J.—This is an application u/s 438 Code of Criminal Procedure seeking anticipatory bail in a case FIR No. 52 dated 15.9.2010 under Sections 376/34 IPC registered at Police Station Naggal, District Ambala.

2.

Learned Counsel for the Petitioners has urged that Jyoti Luthra is niece of Ram Nath (Petitioner No. 1) and Manmohan Singh (Petitioner No. 2) is nephew of Ram Nath. She was married with Mukesh Luthra on September 29th, 2009. Mukesh Luthra filed a complaint dated December 18th, 2009 (Annexure P-1/T) to the Superintendent of Police, Ambala stating that Petitioners wanted to break his marriage with Jyoti Luthra. The complaint was investigated and the matter was compromised. Thereafter on April 13th, 2010, another application was filed by Mukesh Luthra and the Police recorded statement (Annexure P-2/T) of Jyoti Luthra wherein, she levelled allegations against the Petitioners that they had raped her prior to her marriage while she was residing with them since her childhood as her father died in the year 1991 and mother remarried.

3.

The complaint (Annexure P/1) was investigated by the Police and by report (Annexure P/3) dated May 31st, 2010, Petitioners were found innocent by the Police but notwithstanding that the present case was registered against the Petitioners.

4.

Ms. Preeti Chaudhary, AAG Haryana on the instructions of SI Ishwar Singh has stated that Petitioners have not joined the investigation as yet. She further states that Annexure P-3/T is submitted by Incharge Officer of Police Station, Naggal observing that Jyoti had earlier stated that her bua and fufa -Ram Nath are innocent.

5.

Jyoti Luthra has never made any complaint prior to her marriage that she was being raped by the Petitioners. Making complaint to her husband after marriage that she was raped prior to her marriage seems to be improbable.

6.

Considering the facts and circumstances of the case, I direct that in the event of arrest of the Petitioners, they shall be released on bail to the satisfaction of Arresting Officer/Investigating Officer. However, it is clarified that Petitioners shall participate in the investigation as and when they are required to do so by the Investigating Officer. If Petitioners failed to join the investigation, Investigating Officer shall be at liberty to move for cancellation of bail.

Petition stands disposed of accordingly.