ORDER :

Petitioner has approached this Court invoking provisions of Section 438 Code of Criminal Procedure (in short ‘Cr.P.C.’), seeking bail in Case FIR No.86 of 2021, dated 03.12.2021, registered in Police Station Gohar, District Mandi, H.P., under Sections 376 of the Indian Penal Code (in short ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’).

2. Status report stands filed, wherein it has been stated that on receiving information from the Medical Officer Alok from Civil Hospital Sundernagar that a 17 years old minor girl has given birth to a female child. Police rushed to the hospital and recorded statement of the girl. In her statement, victim stated that she is 17 years old and has studied up to 10th class and when she was studying in 9th class, she got acquainted with Prem Lal (petitioner), who is a Carpenter and they started love each other and petitioner used to come to meet her, and about one and a half year ago, she informed the petitioner that she had attained majority and thereafter in August, 2020 both of them on their own will, but without informing the parents, married each other and she started living as a wife of the petitioner in the house of petitioner-Prem Lal and during this period, for copulation, she became pregnant and on 01.12.2021, she was brought to Hospital at Sundernagar for check-up where on 02.12.2021 she delivered a female child.

3. On the basis of aforesaid statement, as complainant was minor, FIR was registered.

4. Supplementary statement of victim was also recorded, wherein she disclosed that she and petitioner had married with each other in the Temple of Mata Lambodari by offering garlands (Varmala and Jaimala) to each other and at that time there was no Priest available in the Temple and marriage has also not been recorded in the Gram Panchayat.

5. Female child expired on 05.12.2021. Learned counsel for the petitioner has placed on record Birth certificate as well as Death certificate of female child, wherein name of petitioner has been mentioned as father, whereas, victim has been reflected as mother of female child.

6. It is a case where societal interest and individual interest of the victim are in clash. In case for societal interest, petitioner is sent behind the bars then the personal and individual interest of victim would be adversely affected. It is a case where, two individual interests of victim are also in clash with each other as for protecting her interest as 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 as petitioner being her husband is only person to look after her for the reason that for solemnizing marriage by victim with petitioner without their consent, her parents may not be ready to accept her and to take her responsibility. Her safety and welfare is with safety of her matrimonial family. To protect family is also in larger interest of society. Balancing the societal interest and individual interest and comparing clashing individual interest of victim, I find that it is a fit case for enlarging the petitioner on bail.

7. Accordingly, present petition is allowed and order dated 08.12.2021 granting interim bail to the petitioner is confirmed, subject to his furnishing personal bond in the sum of Rs.30,000/- with one surety in the like amount, to the satisfaction of the trial Court, within four weeks from today, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at the time of trial:-

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquaint