High Court Of ChhattisgarhMCRC/3876/2021allowed

Ramanand Patre v. State Of Chhattisgarh

2021-07-26Hon'Ble The Acting Chief Justice2 pages

MCRC No. 3876 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through video conferencing MCRC No. 3876 of 2021 • Ramanand Patre S/o Prakash Patre Aged About 20 Years R/o Village Sonpuri , Police Station Pandariya, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through District Magistrate, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Respondent _____________________________________________________ For Applicant - Shri Dharmesh Shrivastava, Advocate.

For Respondent/State - Shri Vikram Sharma, Dy. Government Advocate.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order on Board 26-07-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.104/2021, registered at Police Station - Pandariya, DistrictKabirdham (C.G.) for the offence punishable under Sections 376 (2) (n) of the Indian Penal Code.

3. The applicant has allegedly committed forcibly sexual intercourse with the prosecutrix aged about 24 years.

4. As per the statement of the prosecutrix, they developed an affair about two years back and on 10-04-2019, first incident of sexual intercourse took place. Thereafter, they were in sexual relation. They decided to

MCRC No. 3876 of 2021 marry and for this purpose, they went to the Pandariya Court on 19-03-2021, where from the applicant went away on the pretext of bringing his Adhar Card and did not return thereafter.

5. Learned State counsel would oppose the prayer for grant of bail.

6. Considering the entire facts situation of the case; their affairs for about two years, the age of the prosecutrix and that the applicant is in jail since 26-03-2021 and also the charge sheet has already been filed, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Acting Chief Judge Amardeep