JUDGEMENT 1. Petitioner through the medium of this bail application under section 439 of the Code of Criminal Procedure seeks grant of bail in a case registered vide FIR No. 0124/2023 (in short the “impugned FIR”) for commission of offences punishable under sections 376, 366 & 34 IPC registered at Police Station, Kathua, asserting therein that he has been arrested and lodged in District Jail, Kathua. 2. It has been pleaded that the petitioner married a girl aged about 22 years by entering into marriage agreement and also performed Nikah as per Muslim personal law on 31.01.2023; that since the wife of the petitioner, who was of the age of majority had performed marriage with the petitioner of her own, without the consent of her family, her father, namely, Bashir Ahmed lodged missing report about her daughter on 18.02.2023 and later, the impugned FIR was registered for commission of the aforementioned offences; that the petitioner and his wife, who has been shown as prosecutrix in the case registered against the petitioner, preferred a petition under section 482 CrPC before this Court and this Court vide order dated 26.05.2023 had stayed the investigation, subject to objections from the other side and till next date of hearing. 3. It has been alleged that the respondent-police on mindful of the order passed by this Court in CRM(M) No. 476/2023 titled, “Raju Din & Anr. Vs. UT of J&K” carried on with the investigation and also arrested the petitioner and he was remanded to custody. It has also been asserted that the wife of the petitioner had joined him and it was prayed that the petitioner be admitted to bail. 4. Vs. UT of J&K” carried on with the investigation and also arrested the petitioner and he was remanded to custody. It has also been asserted that the wife of the petitioner had joined him and it was prayed that the petitioner be admitted to bail. 4. Pursuant to notice, the respondent filed the response, asserting therein that on recovery of the prosecutrix during the proceedings of the missing report lodged on 18.02.2023, she deposed in her statement that she was kidnapped by the petitioner herein, who is aged about 40/45 years in the intervening night of 30th/31st January, 2023 alongwith two unknown persons forcibly, under the threats and took her to Hissar Haryana, where she was subjected to rape and on the basis of the statement of the prosecutrix, the case was registered vide impugned FIR at Police Station, Kathua for commission of the aforementioned offences; that after investigation of the case, the petitioner was found to have committed offences punishable under sections 376, 366, 504 & 506 IPC on 24.06.2023 and the charge-sheet was produced before the Court of law. It has been asserted that the order passed by this Court in the petition under section 482 CrPC had not been brought to the notice of the concerned police, therefore, the investigation was carried out and charge-sheet was laid. It was prayed that the instant bail application be rejected, in view of grave nature of the offences. 5. Learned counsel for the petitioner, at the very outset, argued that the petitioner has been facing incarceration in a false case of abduction and rape of his own wife. He has further argued that the petitioner had married the prosecutrix on 30.01.2023 and when the case was registered by the father of the prosecutrix, who was not in favour of the marriage of his daughter with the petitioner, the petitioner moved this Court under section 482 CrPC, seeking quashment of FIR on 02.05.2023 and this Court vide order dated 26.05.2023 had passed an interim order, staying the investigation. However, the concerned police despite interim direction from this Court carried on the investigation and the petitioner was also arrested as an accused in the case. However, the concerned police despite interim direction from this Court carried on the investigation and the petitioner was also arrested as an accused in the case. He has further stated that the prosecutrix is presently staying in the house of the petitioner as his wife and the case had been lodged by her father for the reason that he was not in favour of his daughter getting married with the petitioner on her own accord. He has further argued that the petitioner has filed the bail application before this Court in the backdrop of the aforementioned facts and prayed that the petitioner be admitted to bail. 6. Learned counsel for the respondent, ex-adverso, at the very outset argued that the petitioner has approached this Court directly without resorting to the remedy of seeking bail before the lower Court and that such a practice of directly approaching the High Court should be discouraged and this petition be dismissed with liberty to the petitioner to approach the trial Court at the first instance. He has further argued that in view of the serious allegations against the petitioner, he is seeking bail only on the basis of the order passed by this Court while invoking inherent jurisdiction, whereas the fact of the matter is that in view of the grave offences, of which he has been accused, he has not pleaded any ground for grant of bail in his application. It was finally prayed that this application be dismissed. 7. Heard, perused and considered. 8. From the facts gathered from the pleadings of the parties, it appears that the prosecutrix and the petitioner had entered into marriage on 31.01.2023, which is evident from the marriage agreement and Nikahnama placed on file. The petitioner and the prosecutrix had also moved a joint petition in terms of Section 482 CrPC, seeking quashment of the impugned FIR registered against the petitioner for abduction of the prosecutrix. The petitioner has also placed on record the statement of the prosecutrix recorded on 31.01.2023 before the Court of Special Mobile Magistrate, Jammu in Complaint No. 19/2023, wherein she had stated that she had married of her own will with the petitioner herein and that her father and brothers were not happy with her marriage. The petitioner has also placed on record the statement of the prosecutrix recorded on 31.01.2023 before the Court of Special Mobile Magistrate, Jammu in Complaint No. 19/2023, wherein she had stated that she had married of her own will with the petitioner herein and that her father and brothers were not happy with her marriage. An affidavit sworn before Notary Public, Jammu City by the prosecutrix has also been produced, wherein she had stated that she had married the petitioner and that he had not kidnapped her. 9. None of the offences of which the petitioner has been accused is punishable with death or in the alternative with life imprisonment, as such, there is no bar to the consideration of bail in his favour. It appears that the petitioner married the prosecutrix of her own accord, without the consent of her family and the missing report was lodged with regard to her disappearance when she eloped with the petitioner for getting married. The petitioner's statements/Nikahnama and agreement of marriage also testify with regard to the claim of the petitioner that the prosecutrix was married to him and that the registration of the case against him, was at the instance of prosecutrix's father, who did not reconcile to it. 10. Since this Court is to decide as to whether the petitioner is entitled to be admitted to bail or not, this Court does not venture into the area of false implication of the petitioner, as the same shall be subject matter before the trial Court. However, in view of the peculiar facts and circumstances of the case, this Court is of the considered opinion that the petitioner is entitled to grant of bail in the case at this stage. The application is, thus, allowed. The petitioner is admitted to bail, subject to following conditions that he shall: (i) furnish bail and personal bonds to the tune of Rs. 50,000/- to the satisfaction of the trial Court. (ii) not leave the territorial jurisdiction of this Court without prior permission of the trial Court. (iii) not influence any of the prosecution witnesses to tamper the prosecution evidence. 11. Bail application alongwith pending application(s), if any, is disposed of.