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Tuesday, March 9, 2010

Rape--Bail--Anticipatory Bail

2009(2) LAW HERALD (P&H)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Kanwaljit Singh Ahluwalia
Criminal Misc. No. M-6137 of 2009
Radhey Sham Kapoor
v.
State of Haryana
{Decided on 20/03/2009}
For the Petitioner: Mr. Atul Lakhanpal, Senior Advocate with Ms. Shumaila Parvez, Advocate.
For the State: Mr. S.S. Mor, Senior DAG Haryana.
For the Complainant: Mr. Vivek Khatri, Advocate.
Criminal Law--Rape--Bail--Anticipatory Bail--Petitioner’s son who was stated to be mentally retarded married to prosecutrix who was a divorcee--Allegation that she for a long period was raped by petitioner who was her father-in-law and daughter was born from loins of petitioner--Petitioner ready to under take DNA Test--Samples already taken to be sent to laboratory--Petitioner to remain on pre-arrest bail till the receipt of DNA report--Trial Court shall decide the regular bail application after taking into consideration report of DNA--Criminal Procedure Code, 1973, Section 438--Penal Code, 1860, Sections 376, 323, 506, 120-B. (Paras 2 & 5)