Smt. Rekha Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3945 of 2016 Smt. Rekha Sahu W/o Hem Sagar Sahu, Aged About 30 Years, R/o Village - Thakurdiya Khurd, P.S. & Tahsil - Pithora, District - Mahasamund Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Station - Pithora, District - Mahasamund Chhattisgarh ---- Respondent For applicant - Shri Vikash Pradhan, Advocate. For Respondent/State - Shri Arvind Shukla, PL. Hon'ble Shri Justice Goutam Bhaduri Order 1/08/2016 1.

The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No.63/2016 registered in Police Station Pithora, District Mahasamund (C.G.) for offence punishable under sections 363, 366-A, 376 of Indian Penal Code and under Section 4 of Protection of Children from Sexual Offences Act, 2012. 2.

As per the prosecution case, on 1/05/2016 missing report was lodged by mother of the victim that her daughter is missing. Subsequently, she was brought to the police on 7/05/2016 by Laxmi Dubey and on investigation it was found that the girl was enticed away by the other coaccused namely Munna and this applicant also kept her in captivity and she was recovered at the instance of one Laxmi Dubey who brough her from Bhopal to the police station. Thereby, offence is committed. 3.

Learned counsel for the applicant submits that the girl herself has left the house because she was scolded by her mother and this applicant has not committed any offence and when she went to Bhopal, she was

brought back by one Laxmi Dubey, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the victim under Section 161 of Cr.P.C. wherein it is stated that she went of her own as she was scolded by her mother and went to Bhopal and she heard about one Laxmi who is sister of the present applicant. Considering the allegations levelled in the statement under Section 161 of Cr.P.C. by the victim who is aged about 16 years, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on her furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for her regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri