Mahadev Patre Wrongly Mentioned As Mahodav Patre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.6132 of 2017 • Mahadev Patre (Wrongly Mentioned As Mahodav Patre ) S/o Anjor Das Patre, Aged About 24 Years R/o Gram Kisan Parsada, Police Station & Tahsil Masturi, District Bilaspur, Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Masturi, District Bilaspur, Chhattisgarh.

--- Respondent For Petitioner :

Shri Rajkumar Gupta, Advocate For Respondent/State :

Shri Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/11/2017 Heard.

2.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.152/2017 registered at Police Station Masturi, District Bilaspur for the offence punishable under Section 363, 366, 376 of IPC and Section 3 & 4 of Protection of Children from Sexual Offences Act, 2012. 3.

Case of the prosecution is that the applicant kidnapped and took away the prosecutrix, who is stated to be minor, and then, committed rape on her. 4.

Learned State counsel submitted that in the statement recorded under Section 164 of Cr.P.C., the prosecutrix has clearly stated regarding she having been kidnapped and subjected to rape by the applicant. 5.

Taking into consideration the submission of learned State counsel, particularly taking into consideration the statement of the prosecutrix recorded under Section 164 of Cr.P.C., I am not inclined to grant bail to the applicant. 6.

Accordingly, the application is rejected.

SD/- ( Manindra Mohan Shrivastava) J U D G E