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Arvinder Singh vs State Of Haryana on 2 April, 2019

CRM M-14045 of 2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM M-14045 of 2019
Date of Decision: April 02, 2019

Arvinder Singh ……Petitioner

Versus

State of Haryana …. Respondent

CORAM : HON’BLE MR. JUSTICE FATEH DEEP SINGH

Present : Mr. Jagjeet Beniwal, Advocate
for the petitioner.

Mr. Amrik Narwal, DAG, Haryana.

FATEH DEEP SINGH, J. (Oral)

This order shall dispose off first regular bail application

under Section 439 Cr.P.C. moved in FIR No.01 dated 17.01.2019

under Sections 377 and 498-A read with Section 34 of IPC and

Sections 10 and 11 of the Child Marriage Act, 2006 registered at

Police Station Women, Charkhi Dadri, District Charkhi Dadri.

The brief facts are as follows:-

” The present case has been got registered by wife of the

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CRM M-14045 of 2019 -2-

petitioner who claims to be of age around 18 years at the

time of the registration of the case. Briefly, she has

alleged that marriage of her elder sister was to be

solemnized with brother of the present petitioner and the

parents of the petitioner insisted and compelled the

parents of the complainant that complainant too be given

in the marriage to the present petitioner. Though the

petitioner claims that she was a minor but for the honour

of the family, she acceded to this and as a consequence of

which a marriage between the petitioner and the

complainant took place on 18.06.2017. It is further

alleged that the petitioner used to commit unnatural

sexual intercourse with her against her wishes and when

she got pregnant, the accused managed to abort the child

by forcibly administering her pills leading to the

registration of the present case”.

Mr. Jagjeet Beniwal, learned counsel for the petitioner

contends that it is a pure matrimonial dispute between two sisters on

the one hand and two brothers on the other, as a consequence of which

the present case has been got registered including the one earlier got

registered by the elder sister of the complainant. The counsel has

further argued that at the behest of the petitioner side, a criminal case

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CRM M-14045 of 2019 -3-

has been got registered against the family of the complainant for

assault and which is still under investigation.

Mr. Amrik Narwal, DAG, Haryana on instructions from

ASI Jeet Ram, Police Station Women Charkhi Dadri does not displace

the facts brought to the notice of this Court by the learned counsel for

the petitioner but has opposed the grant of bail on the grounds that if

allowed bail, the petitioner might influence the trial and there are

allegations, which are of serious nature.

Appreciating the submissions what meets the eye is that

on account of the matrimonial disaccord between the two sisters on the

complainant side and two brothers from the petitioners side, this case

came to be registered, when it is fairly conceded at bar by the learned

State counsel that there is no medical evidence to substantiate the

allegations of Section 377 IPC as well as forcible abortion of the

complainant. The petitioner is behind the bars since 13.02.2019 for

more than one month. Culpability, if any, of the petitioner shall be

determined at the trial which is not likely to be concluded in the near

future. This Court is of the opinion that it is a fit case for grant of bail.

Accordingly, the petitioner is ordered to be released on regular bail to

the satisfaction of Chief Judicial Magistrate/Duty Magistrate,

concerned.

However, it is made clear that anything observed herein

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shall not be construed as an expression on the merits of the case.

Disposed off.

April 02, 2019 (FATEH DEEP SINGH)
amit rana JUDGE

Whether reasoned/speaking : Yes/No

Whether reportable : Yes/No

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