RAGHBIR @ BHIRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has been booked in FIR No. 234 dated 4.9.1999 under Sections 363/376/511 IPC registered at PS Madlauda, District Panipat for attempting to rape Goldi aged about 10 years daughter of Surjit Kaur and Gurcharan Singh residents of village Rair, P.S. Madlauda, District Panipat.

(2.) BRIEFLY stated the facts are that on 4.9.1999 the petitioner took Goldi to Jiri in the presence of Sukhvinder, son of the complainant. Sukhvinder went running to the house and told about the episode to his mother Surjit Kaur. Surjit Kaur immediately reached the fields of Baldev Singh. She saw that the petitioner lowered his trouser and also the salwar of Goldi and was having her daughter on his thighs and was about to commit rape. On seeing the complainant and other persons he ran away. Case was registered on the statement of Surjit Kaur. The petitioner was apprehended on 10.6.2001. Learned counsel contended that it was still a preparation stage. He further contended that in any case offence under Section 376 IPC is not made out and only offence at best under Section 354 IPC was made out. He further contended that the petitioner is in custody for the last about more than one year. He also contended that he was the sole bread earner of the family. Keeping in view the facts and circumstances of the case and without commenting upon the merits of the case, let the petitioner be admitted to bail to the satisfaction of CJM/Duty Magistrate, Panipat. Petition allowed.