- (1.) Both these bail applications relate to the same crime and hence are being disposed of by a common order.
(2.) On 12th January, 1994 complainant Vir Singh lodged a report in Police Station Bilaspur, District Rampur (Crime No. 21 of 1994) that her minor daughter Kumari Sarbjit Kaur aged about 13 years was forcibly taken away on 6th January, 1994 at 5.00 p.m. from his village Mullakheda by Narender alias Nindu son of Kulwant Singh and his mother. Since the girl did not return and even after search the father of the girl could not trace her out, but since he received information through Pooran Singh son of Bahadur Singh and Raj Singh son of Sewa Singh that they had seen the girl going along with Narender and his parents, he lodged a report as aforesaid on 12.1.1994.
(3.) in the meantime because the girl was untraceable, Criminal Writ petition No. 29 of 1994 was filed by Vir Singh, father of the girl in the Supreme Court. Certain directions were issued by the Supreme Court to the Superintendent of Police, Rampur to file affidavit before the apex Court regarding progress of investigation and to trace out the girl. Ultimately, the girl was recovered on 10.2.1994 from Patiala Railway Station. Press Reports were also published in 'Amar Ujala' dated 12.1.1994 which are on record. The girl filed an application before the apex Court on 28.2.1994 stating the circumstances under which she was kidnapped and kept at different places and then ultimately recovered. The statement of the girl was recorded under Section 161, Code of Criminal Procedure by the investigating agency on 28.4.1994. During investigation the-Police also recorded the statements of Pooran Singh, Sajjan Singh, Ratan Singh and Lakhvinder Singh disclosing that two sittings of Panchayat were held in the Biradari in which applicant Jarnail Singh, one Harender Singh, Gyani Kulwant Singh and Gurnam Singh participated. The applicant is said to have insisted that the girl should be married to Narender Singh. The complainant is said to have disagreed claiming that the girl was a minor and that Narender Singh did not have any property. The applicant Jarnail Singh is said to have offered three acres of land to be transferred to Narender Singh. Gyani Harender Singh and Kulwant Singh are said to have threatened that the marriage between the victim and the main accused has to take place otherwise the girl would not be returned.;