M. Kapur, J. - (1.) Three persons were said to have raped two girls, who were 13-14 years of age. The petitioner himself is said to be less than 16 years of age. His school certificate shows that his date of birth is 24th July, 1973. As per the opinion of the Doctor, his age is 16 years. The other two accused in the case have already been arrested. The learned Sessions Judge has observed that the age of the petitioner could be any thing between 151/2 and 161/2 years. However, in view of the School Certificate, there is reason to believe at this stage that the petitioner could be less than 16 years of age. Considering his age, he can be granted anticipatory bail. It may be observed that this order shall not in any manner be a conclusive finding about the age of the petitioner.
(2.) The SHO/Arresting Officer, Investigating Officer, Police Station Kumher (Bharatpur) in F. I. R. No. 35/89 is therefore, directed, that in the event of arrest of petitioner Devi Singh @ Devi Prasad he be released on bail provided he furnishes a personal bond in the sum of Rs. 3,000/- (Rupees Three Thousand) with one surety in the like amount to his satisfaction on the following conditions:- (a) that the accused petitioner shall make himself available for interrogation by a police officer as and when required; (b) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuades him from disclosing such facts to the court or to any police officer; and (c) that the petitioner shall not leave India without the previous permission of the Court. Application allowed.;