This petition has been filed for quashing of case no.2291 of 2003, under Sections 363,366 and 376 I.P.C. pending int he court of Additional Chief Judicial Magistrate Ist Sultanpur.
Heard learned counsel for the petitioner and learned A.G.A.
It is submitted that victim Sangita @ Saira was living with petitioner as wife. The report was lodged against the petitioner under Sections 363,366 and376 I.P.C. for abduction of Sangita. Thereafter, victim was sent into custody of parents. Petitioner moved habeas corpus petition in this Court. She was released from the custody of parents and handed over to petitioner. Her statement was also recorded. According to opinion of doctor her age was above 18 years.
However, considering the facts and circumstances of the present case, it is directed that in case petitioner surrenders and applies for bail within 30 days from today before the magistrate concerned he shall be released by the magistrate concerned on bail on his executing a personal bond and on furnishing two sureties each in the like amount and it will be open for the petitioner to move an application for discharge at appropriate stage in the court below, court below shall consider the submission and pass reasoned order.
The petition is disposed of.
Order Date :- 2.4.2010 Asha