ORDER :

Petitioner has approached this Court, invoking provisions of Section 438 of Criminal Procedure Code (Cr.P.C), seeking bail in case FIR No. 132/2021 dated 13.10.2021, registered in Police Station, BSL Colony, Sunder Nagar, Distt. Mandi, H.P., under Section 376 of Indian Penal Code (IPC) and Section 4 of Protection of Children from Sexual Offences Act (POCSO Act).

2. Status report stands filed, wherein it is stated that on 13.10.2021, a telephonic information was communicated by a Doctor from Civil Hospital, Sundernagar, to Police Station, BSL Colony, Sundernagar that a 16 years old girl has delivered a female child. On receiving the telephonic information, Police party rushed to the Hospital and recorded statement of girl under Section 154 of Code of Criminal Procedure (Cr.P.C), wherein she has stated that she has developed friendship with petitioner Fateshwar Ram resident of village Bhuwara and one day they decided to live together and in October, 2020, she and petitioner met at Karsog and went to Manali and solemnized marriage by giving words to each other and started residing together, with consent, as husband and wife. Thereafter, they went to Baddi. As parents of both were not ready to accept their marriage, therefore, they lived at Manali and thereafter started living at Baddi and since last three months, she with her own wish and volition, had started residing in the house of the petitioner at Village Bhuwara and because of pregnancy she came to the Hospital, and delivered a daughter. Lastly, she disclosed her age was about 16 years.

3. Petitioner, in his petition, as well as in submissions made by the learned counsel for the petitioner, has admitted the victim/girl to be his wife and has submitted that they have solemnized marriage and are residing in village Bhuwara and as evident from birth certificate, placed on record as Annexure P-1, name of father and mother of the female child have been mentioned as Fateshwar Ram (petitioner) and girl/victim.

4. It is further submitted on behalf of the petitioner that petitioner had approached Panchayat to register the name of his wife and daughter in the Family Register. However, Panchayat has registered the name of female child as his daughter, but has refused to enter the name of victim as wife of petitioner, for registration of FIR in the present case, whereupon the petitioner has submitted written request to the Gram Panchayat through registered post for entering the name of victim as his wife in the family register.

5. Learned counsel for the petitioner has submitted that present case is a case of love affair which has culminated into marriage but because of age of the girl, it has become an offence, and therefore, FIR has been registered. It has been further submitted that the petitioner is the only support to the victim and daughter as her family members of both sides were and are not consenting and accepting marriage of couple and therefore, if the petitioner is sent behind the bars, then the real sufferer would be victim and the newly born daughter and in these circumstances, he has prayed for enlarging the petitioner on bail.

6. So far as entry in the Pariwar Register of name of victim is concerned, petitioner has to take appropriate steps in accordance with law. The petitioner may point out to the Panchayat that status of victim has not changed on registration of FIR.

7. It is a case where societal interest and individual interest of the victim were in clash. In case for societal interest, petitioner is sent behind the bars than the personal and individual interest of victim as well as newly born daughter would be adversely affected. It is a case where, for protecting the interest of a minor girl petitioner has been considered as an accused, however, in that process the real sufferer is victim herself as it would be ruining her marital life as well as family. To protect family is also in larger interest of society. Balancing the societal interest and individual inter