Manohar Mishra vs State Of Haryana on 5 March, 2009

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


                     Criminal Misc. No. M-33680 of 2008
                       Date of decision: 5th March, 2009


Manohar Mishra

                                                                  ... Petitioner

                                   Versus

State of Haryana
                                                               ... Respondent


CORAM:       HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA


Present:     Mr. S.K. Rai, Advocate for the petitioners.
             Ms. Sushma Chopra, Addl. AG Haryana for the State.
             Mr. S.S. Dinarpur, Advocate for the complainant.


KANWALJIT SINGH AHLUWALIA, J. (ORAL)

On December 19, 2008, a Coordinate Bench had passed the

following order:

“Sonia is alleged to have been kidnapped by the
petitioner on 25.7.2008 and was recovered on 13.8.2008 from
the house of the petitioner in Bihar. According to the date of
birth, she was born on 20.11.1989. She in her statement
under Section 164 Cr.P.C. has also stated that she is married
to the petitioner. The marriage certificate reveals that she was
married on 25.2.2008.

Notice of motion for 5.3.2009.

In the meanwhile, it is directed that in the event of arrest
of the petitioner, he shall be released on interim bail to the
satisfaction of the Arresting Officer, subject to the following
conditions:-

Criminal Misc. No. M-33680 of 2008

i) that the petitioner shall make himself
available for interrogation by a police officer
as and when required;

ii) that the petitioner shall not directly or
indirectly make any inducement, threat or
promise to any person acquainted with the
facts of the case so as to dissuade them
from disclosing such facts to the Court or to
any police officer;

iii) that the petitioner shall not leave India
without the previous permission of the
Court.”

Since petitioner had married Sonia and Sonia had eloped with

him according to her own free will, custodial interrogation of the petitioner

is not required.

In view of this, interim bail granted to the petitioner vide order

dated December 19, 2008 is made absolute till submission of report under

Section 173 Cr.P.C. (challan). Thereafter, petitioner will be permitted to

furnish regular bail bonds to the satisfaction of the trial Court.

With these observations, present petition is disposed off.

[KANWALJIT SINGH AHLUWALIA]
JUDGE
March 5, 2009
rps