JUDGMENT : 1. Through the medium of instant application, petitioner- Sobia seeks grant of bail in case FIR No.50/2017 dated 26.06.2017 under Section 317 RPC. 2. Learned counsel for the petitioner stated that FIR bearing No. 50/2017 dated 26.06.2017 under Section 317 RPC came to be registered with Police Station Gursai on the alleged discovery of an abandoned child from near bridge Harni Nallah, Tehsil Mendhar, District Poonch. Pursuant to the registration of the aforesaid FIR, one girl (name with held ), the prosecutix was produced by the respondent before the Court of learned Judicial Magistrate 1st Class Mendhar and her statement u/s 164-A was recorded. The aforesaid girl deposed in her statement that she was brought in Jammu by the petitioner, as a care taker for her infant son. She further stated that in absence of petitioner, when she would go to her work place, she was repeatedly raped by one-Vicky Khan S/o Mohd. Farooq R/o Village Gurta, Tehsil Mendhar, District Poonch, who has been alleged to be the relative of the petitioner. It was further alleged by the said woman that the petitioner was apprised about the fact of the commission of rape with her by the aforesaid person, but she did nothing and finally sent her to the native place. After examination of the aforesaid woman u/s 164-A, the person, who is alleged to have committed the rape on the said woman, has been arrested by the respondent, who is now chasing the petitioner in order to arrest her in a case, in which the petitioner is remotely connected. 3. Learned counsel further stated that subsequent to the statement u/s 164-A, the respondent has framed Section 376 RPC against the said Vicky Khan and the police are searching the petitioner for securing her arrest as an abettor of such crime. From the contents of the statement u/s 164-A, a prima facie, case against the applicant is not made out. 4. It is further submitted that from the bare reading of the statement u/s 164-A, it appears that the alleged occurrence took place in the absence of the petitioner and she has never played any role in abetting or conspiring the commission of such offence. 4. It is further submitted that from the bare reading of the statement u/s 164-A, it appears that the alleged occurrence took place in the absence of the petitioner and she has never played any role in abetting or conspiring the commission of such offence. No sane person can be expected to have a care taker of her infant child, who can be abetted to be raped in her absence by anyone, as such, the allegations leveled against the petitioner in the said statement are far away from any truth. Before adding Section 376 RPC in the said FIR, it was required to first ascertain the paternity of the said child by virtue of DNA test, but that has not been done by the respondent. 5. It is also stated that the role alleged to be played by the petitioner, who is a woman having a child aged two years, cannot be arrested in such case. Since the petitioner is a working lady and worked at Capital Clinic, Gandhi Nagar, Gole Market Jammu as Nursing Staff and there is every likelihood of her being arrested, if she moves an application for grant of bail in anticipation of arrest before the Court of learned Principal District and Sessions Judge, Poonch. Hence, the applicant has knocked the door of this Hon’ble Court by way of present application. 6. The petitioner has never abetted the commission of alleged crime against woman and she is being falsely implicated in such case. The petitioner apprehends her arrest in a false and frivolous case, in the event of which, an irreparable loss to the reputation and the dignity of the petitioner can be damaged. 7. With afore mentioned submissions, learned counsel prayed for grant of bail to the petitioners with any condition, which this Court deems fit. 8. On the contrary, bail application is opposed by learned State counsel stating that the nature of offence is very serious and heinous. There is strong evidence against the accused and the prosecution is investigating the case and if the accused is admitted to bail the accused person may jump over the bail and may try to tamper with the evidence and may even pressurize the prosecution witnesses. The petitioner has deliberately and intentionally committed very heinous offence as such, the petitioner is not entitled to bail. 9. The petitioner has deliberately and intentionally committed very heinous offence as such, the petitioner is not entitled to bail. 9. Heard learned counsel for both the sides and considered the law on the subject. 10. From the perusal of FIR it would reveals that FIR no. 50/2017 u/s 317 RPC was registered on the information received by police station Gursai Mendhar on 26.6.2017 , that near bridge Harni Nallah, Tehsil Mendhar, District Poonch one newly born female baby had been thrown ; on this FIR no. 50/2017 u/s 317 was registered and during investigation prosecutix statement was recorded u/s 164-A Cr.P.C. C/D file and I/O has also appeared on hearing day. I/O has categorically stated that petitioner has never appeared before him during investigation despite direction from this Court. 11. Statement of prosecutrix recorded under Section 164-A Cr.P.C. by learned Munsiff, JMIC, Mendhar, reads as under:- “Statement of prosecutix D/o Sajad Ahmed R/o Harni, Tehsil Mendhar, age 17 years, occupation student, under Section 164-A Cr.P.C. The witness has stated that she has given birth to a female child. The father of the said baby was Vickey Khan S/o Mohd. Farooq R/o Galota, Tehsil Mendhar. Adjacent to the house of the witness, there is another house in which her relative namely Sobia D/o Mohd. Khan R/o Harni, resides. Witness was giving her 10th standard exams. One day in the morning Sobia came to witness’s house and asked witness’s mother to send the witness along with her to Jammu to look after her child because she has to go to duty. Thereafter witness’s mother sent her to Jammu. Sobia took the witness to Jammu along with accused Vicky in his car. Vicky was relative of Sobia. On the next day, Sobia went to her official duty & Vickey stayed there. At about 11 O’ clock when the son of Sobia was sleeping accused Vicky closed the door from inside and committed rape with the witness. After that Vicky went from there. In the evening when Sobia returned back, the witness narrated the whole story before her but Sobia told the witness that it’s a normal practice. After 2/3 days later Sobia once again made a phone call to Vicky & invited him on Dinner. On that day, Sobia had gone to her night duty who was a staff nurse. On that night, Vicky again committed rape with the witness twice. After 2/3 days later Sobia once again made a phone call to Vicky & invited him on Dinner. On that day, Sobia had gone to her night duty who was a staff nurse. On that night, Vicky again committed rape with the witness twice. Vicky came there for 2 ½ months and Sobia was aware of all facts. After four months, witness told Vicky that her menstrual period has been stopped. She also told him that she felt some stomach pain. Vicky warned the witness of dire consequences & told her not to say this thing to any one. Thereafter the witness told Sobia that she wants to go to her home and Sobia sent witness to her home along with Vicky. Sobia told the witness that when she will reach her home , she will made a phone call to her afterwards and will guide her for further proceedings. After that when the witness made a phone call to Sobia, she asked the witness not to tell the real facts to her parents. Sobia had also advised her that when ever she will give birth to a baby either male or female, she has to kill the baby. On 25th of Ramdan when the witness was bleeding then she made a phone call to Sobia and informed her about her critical situation. Sobia told her to go to Dr. Waqar’s Medical Shop & accordingly she went there and doctor injected her injunction and gave her two tablets and he advised her to go to home. The doctor had already kept those tablets outside. After 10/15 minutes when there was severe pain in her stomach, she went inside bathroom and gave birth to a baby. Witness had not seen at that time whether it was a male or female baby. Witness was not in a position to kill the said baby. She kept the baby near Shamshan Ghat and returned back. She had gone there alone. During her pregnancy she was very fat. Whenever she was asked by some one about her fatness she always told that it is due to cold drink which she used to take daily. Neither Vicky nor Sobia had contacted her. It was the last conversation in between accused Vicky & witness when the had come together from Jammu. During her pregnancy she was very fat. Whenever she was asked by some one about her fatness she always told that it is due to cold drink which she used to take daily. Neither Vicky nor Sobia had contacted her. It was the last conversation in between accused Vicky & witness when the had come together from Jammu. Witness had made a hue & cry in Jammu so many times but Sobia had assured her that she will be married with Vickey. 12. Bare perusal of statement of prosecutrix, it is evident that serious allegation has been leveled against petitioner by victim. She brought the prosecutrix to her home at Jammu from a village, where she was subjected to illicit intercourse by Vicky and when prosecutrix told her, she made her silent; and Vicky continued committing rape with prosecutrix with the result victim became pregnant; then accused asked to throw the baby after birth. 13. The petitioner has, thus, been booked under Section 317/376/109 RPC. Further as already submitted by I/O that petitioner has never appeared before him despite a clear direction from this Court while granting interim anticipatory bail on 26.7.2017. The person, who has no respect for Court order and take the court for granted, is not entitled for any kind of relief. 14. Hence without commenting on merit of the case, this petition is dismissed.