Ramu Tarak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4566 of 2020 Ramu Tarak S/o Horilal Tarak Aged About 24 Years R/o Village Kopra, Police Station Panduka, District Gariyaband Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Panduka, District Gariyaband Chhattisgarh.

---- Non-Applicant For Applicant : Shri SP Sahu, Advocate.

For Non-Applicant : Ms. Fouzia Mirza, Additional AG. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/10/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.71/2020 registered in Police Station Panduka, District Gariyaband for offence under Section 363, 366 & 376 of the IPC and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

2. Prosecutrix is the neighbour of the applicant. They had an affair for a period about one year prior to the date of incident. The applicant allegedly committed forcible sexual intercourse on promise to marry, for which she is carrying pregnancy of about 8 months. They eloped on 24.6.2020 and since then they are living together as husband and wife.

3. In her statement recorded under Section 164 CrPC, the prosecutrix states that she has married with the applicant and wants to live with him, therefore, no action be taken against him.

4. Considering the statement of the prosecutrix, this Court is inclined to release the applicant on bail.

5. Accordingly, the 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/- Judge (Prashant Kumar Mishra) Barve