SANJEEV PRAKASH SHARMA,J. - (1.) This IInd bail application has been filed under section 439 CrPC, 1973 in connection with FIR No. 208/2018 registered at Police Station Neemkathana District Sikar for the offences under Section 363,366A, 379 IPC and Section 4/6 Protection of Children from Sexual Offences Act.
(2.) The second bail application has been moved after charge sheet has been filed by the accused petitioner. The case set up by the prosecution is that the accused petitioner has prepared a forged document i.e. Adhar Card and 10th class mark sheet of the girl with whom he has married and it has been found in investigation that the actual date of birth was 12.1.2001 instead of 10.1.2000 as mentioned in the said certificate. Charges under section 344,363,366A and 376,467,468,471 and section 3/4, 7/8 Protection of Children from Sexual Offences Act have been framed against the accused petitioner.
(3.) Learned counsel for the petitioner submits that from the statements recorded and placed along with charge sheet, it does not reveal that the petitioner had prepared forged documents. The statements of the parents of the girl also reveal that girl herself had taken the documents and money from the house and had eloped with the accused petitioner. Her statement under section 164 Cr.P.C., 1973 has been recorded wherein the girl has stated that she has left her parents home on her own will and she married the accused petitioner on her own will.Her age is shown in the 10th class certificate as produced by parents has been treated as ground to treat her as a minor. The age of minor is mentioned as 17 years while as per Adhar Card certificate submitted for marriage her age was above 18 years.;