Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr.MP(M) No.1407 of 2025
Decided on: 19th June, 2025 _________________________________________________________________ Tana Ram
....Petitioner
Versus State of H.P.
…Respondent _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua,
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms.Rameshwari Sharma, Advocate. For the respondent: Ms. Menka Raj Chauhan, Deputy Advocate General. Jyotsna Rewal Dua, Judge
Notice. Ms. Menka Raj Chauhan, learned Deputy Advocate accepts service of notice on behalf of the respondent. 2. Petitioner is lodged currently in judicial custody in District Jail Kaithu, Shimla in relation to FIR No. 91 of 2021 dated 16.05.2021, registered under Section 376D and 506 of Indian Penal Code and Section 4 of Prevention of Children from Sexual Offences Act, at police Station Rampur, District
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - Shimla. He seeks interim bail for attending the marriage of his niece. 3. It has been pleaded that petitioner is real brother of Smt. Sarla Devi wife of Sh. Love Singh Joshi. Petitioner is real maternal uncle (Mama) of Ms. Priyanka Joshi. The marriage of Priyanka Joshi with Suraj Bharti is being solemnized from 16th June-18th June, 2025 at Village Shakahal, Post Office Mahog, Tehsil Karsog, District Mandi, H.P.. Petitioner being the only maternal uncle (Mama) of the bride, is required to perform certain religious/customary ceremonies in the aforesaid wedding. His participation in the marriage of his niece is therefore, very essential. Upon listing of the case today, learned counsel for the petitioner, to a query of the Court, submitted that though the marriage ceremonies have taken place, but some rituals are yet to be performed by the maternal uncle of the bride, for which presence of petitioner would be necessary. Learned counsel for the petitioner, in this regard placed on record a certificate dated 16.06.2025 issued by the Pradhan of Gram Panchal Mahog, Development Block Karsog, District Mandi, H.P. Whereafter, learned Deputy Advocate
- 3 - General was directed to have instructions in the matter from the concerned quarter. When the matter was taken up in the afternoon session, learned Deputy Advocate General submitted that respondents have confirmed the factum of marriage of the niece of the petitioner being solemnized at the aforesaid place as also the fact that some customs/rituals are yet to be performed today, for which petitioner’s presence is required. 4.
Since the petitioner has made out a case that his presence is required for performing some ceremonies/rituals/ customs during wedding of his niece at Village Shakahal, Post Office Mahog, Tehsil Karsog, District Mandi, H.P, it is ordered that petitioner would be taken in custody from District Jail Kaithu, Shimla, where he is lodged at present to Village Shakahal, Post Office Mahog, Tehsil Karsog, District Mandi, H.P, by 3:00 p.m.. He will perform rituals in the marriage ceremony of his niece and would be brought back in custody by 5:00 p.m. tomorrow (20.06.2025). Learned Deputy Advocate General to inform the Superintendent of Jail concerned of passing of this order for its immediate compliance. - 4 -
The petition stands disposed of in the above terms, so also pending miscellaneous application(s), if any. Jyotsna Rewal Dua
Judge June 19, 2025 R.Atal