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2021 Supreme(P&H) 131

AVNEESH JHINGAN
Banty – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jitendra Singh Sirohi, Advocate
For the Respondent: Mr. Deepak Bhardwaj, DAG, Haryana.

JUDGMENT :

AVNEESH JHINGAN, J

1. The matter is taken up for hearing through video conference due to COVID-19 situation.

2. This petition is filed under Section 439 Cr.P.C for grant of regular bail in FIR No. 872, dated 3rd November, 2018, under Sections 363, 365 and 366-A of the Indian Penal Code, 1860 registered at Police Station City Sonepat, District Sonepat.

3. The FIR was registered at the behest of Om Pal Singh. It was stated that he was having three daughters. On 1st November, 2018 one of his daughter (hereinafter referred to as 'victim') went to market to purchase household items but never came back. It was alleged that his daughter was kidnapped.

4. On 9th January, 2021 the petitioner was arrested. He had solemnized marriage with the victim on 17th April, 2019 and she delivered a baby on 29th September, 2020. As per the school record the date of birth of the victim is 3rd January, 2004.

5. Learned counsel for the petitioner submits that the victim and the petitioner are married. They were blessed with a child and are living happily, hence the petitioner should be granted bail.

6. Learned State counsel opposes the prayer for grant of bail. Submissions are that the victim was about

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