Kishan Swroop Soni @ Sunny vs State Of Delhi
2012 Latest Caselaw 578 Del

$~65
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+             BAIL APPLN. 1695/2011

%             Judgment delivered on: 27th January, 2012

        KISHAN SWROOP SONI @ SUNNY                ..... Petitioner
                    Through : Mr. Chander Mohan , Advocate

                        versus


        STATE OF DELHI                                   ..... Respondent
                     Through :         Ms. Jasbir Kaur, APP

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

1. Learned counsel for the petitioner submits that vide FIR No.192 dated 9.11.2011, a case under Sec.363/366 Indian Penal Code, 1860 was registered at PS Prasad Nagar against the petitioner on the complaint of the father of the prosecutrix. It is stated that initially, the father of the prosecutrix had stated that the prosecutrix was major. However, in the supplementary statement, he has stated that he had given her age as 18½ years, but in fact, that was by mistake, however, she is 17 years of age. To this effect, he produced the certificate wherein date of birth is mentioned as 4th November, 1994.

2. Learned counsel submits that the prosecutrix eloped with the petitioner with her consent. He never kidnapped or abducted the prosecutrix.

She converted Hindu from Muslim religion on her own and thereafter they married on 5th November, 2011 and the marriage was registered before the Registrar at Ghaziabad. Learned counsel further submits that the prosecutrix came to the petitioner on her own will, and thereafter, the married and the marriage got registered, therefore the case under Section 363/366 Indian Penal Code, 1860, is not made out, against the petitioner.

3. The petitioner is in custody for the last more than 70 days. In the facts and circumstances, the petitioner shall be released on bail on furnishing personal bond in the sum of Rs.15,000/- with one surety of the like amount, to the satisfaction of the trial court.

4. The Bail Application 1695/2011 is disposed of.

5. Order dasti.

SURESH KAIT, J JANUARY 27, 2012 'raj'