[email protected] S/O Shri Ramkishan vs State Of Rajasthan
2021 Latest Caselaw 1544 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                   15573/2020

[email protected] S/o Shri Ramkishan, Aged About 25 Years, R/o
Rajwada Tehsil Mundawar Dist. Alwar Raj. (At Present Confined
In Central Alwar Raj.)
                                                                            ----Petitioner
                                        Versus
State Of Rajasthan, Through Pp
                                                                          ----Respondent

For Petitioner(s) : Mr. Krishan Kumar Chhawal For Complainant(s) : Mr. Anil Choudhary with Mr. Pallav Choudhary For State : Mr. Sher Singh Mahla, PP Investigating Officer : Mr. Jaipal, ASI, SHO, Khairwal

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

11/02/2021

1. Petitioner has filed this bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 363/2020 was registered at Police Station

Kherthal, P.S. District Bhiwadi for offence under Section 366 of

I.P.C.

3. It is contended by counsel for the petitioner that as per the

Aadhar Card, prosecutrix is a major. She went on her own free will

and solemnized marriage with petitioner. It is also contended that

she in her statement recorded under Section 164 Cr.P.C. stated

that she went on her own free will.

4. Learned Public Prosecutor and counsel for the complainant

(2 of 2) [CRLMB-15573/2020]

have opposed the bail application. It is contended that prosecutrix

is a child and as per the medical report, her age is between

sixteen to seventeen years. It is also contended that petitioner is

real maternal uncle's son and the marriage falls within prohibited

degree.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

State and counsel for the complainant, I am not inclined to

entertain the bail application.

7. This bail application is accordingly dismissed.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /9

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