IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No.2681 of 2025

Date of Decision : 02.01.2026

Preto Devi

…… Petitioner

Versus

State of Himachal Pradesh

……Respondent

Coram:

The Hon’ble Mr. Justice Bipin Chander Negi, Judge

Whether approved for reporting?1

For the petitioner : Mr. Pranav Sharma, Advocate.

For the Respondent : Mr. Diwakar Dev Sharma, Additional Advocate

General.

Bipin Chander Negi, Judge (oral)

The present bail petition has been filed, under Section 483 of

the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail. The same arises out of FIR No.34 of 2024, dated 14.12.2024, registered at Women Police Station, Nahan, Himachal Pradesh, for offences punishable under Sections 363, 366A, 354, 376, 376(2)(i)(n), 34 of the Indian Penal Code and

Sections 4, 6 and 17 of the Protection of Children from Sexual Offences Act.

2. Heard learned counsel for the parties, perused the status report

and the record.

Whether reporters of Local Papers may be allowed to see the judgment?

3. The victim/complainant in the case at hand is aged 17 years. On the death of her father, the mother of the victim had left the victim and her two other siblings to fend for themselves. The elder brother of the victim, one Pankaj lives at Kala Amb. The elder sister of the victim is married at Kala Amb.

4. After the death of the father of victim, she was being looked after by the elder sister of the late father of the victim. The aforesaid lady who was taking care of the victim, as per the complainant, was a habitual drinker. As a consequence of drinking habits, about two years ago the said lady had shunted the victim out of her house.

5. It is thereafter that the victim had gone to the house of one Sheela Devi, whom she had all along addressed as her maternal aunt. After having stayed there for two days, Sheela Devi had called her daughter Preto Devi (bail petitioner).

6. Preto Devi was accompanied by her husband Ashok Kumar and her two sons Raj Kumar and Ram Kumar. At the house of Sheela Devi, the victim, who was a minor was handed over to Preto Devi and her family. The bail petitioner had told the victim that she would henceforth live in the house of Preto Devi like her daughter-in-law as Preto Devi’s son Ram Kumar in an informal ceremony at the house of Sheela Devi had allegedly got married to the victim.

7. Thereafter, the victim was taken to Preto Devi’s house at Sarwana (Barwala) in Haryana. At the residence of Preto Devi, as per the victim, for about last two years, Ram Kumar had been indulging in wrongful sexual acts with the victim. Even Ashok Kumar the husband of Preto Devi is stated to have made sexual overtures/advances towards the victim. Feeling aggrieved of the aforesaid, the victim had left the house of Preto Devi and come back to her maternal aunt’s house. Herein the maternal aunt had refused to keep the victim as according to the maternal aunt, the victim had now got married and hence she was now expected to reside in her marital home.

8. Upon being turned out from the house of the maternal aunt, she went to her paternal aunt where-in-after, she proceeded towards the Panchkula Court. Enroute while travelling in a bus, the conductor of the bus dropped the victim at the Mahila Police Station at Narayangarh. The Child Welfare Committee (CWC) Narayangarh kept the victim for two months at a Bal Ashram. Upon determining her antecedents, she was shifted to Nahan. At Nahan, the concerned CWC on 13.12.2024 brought the victim to the concerned Mahila Police Station, thereupon the present compliant was lodged against all concerned.

9. From perusal of the status report, it is evident that the investigation, in the case at hand, is complete. Challan stands filed before the Court. The bail petitioner was arrested on 08.01.2025. No recovery has to be instituted from the bail petitioner. No purpose shall be served by keeping the petitioner in custody.

10. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperati