Mukesh Bariha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4710 of 2020 • Mukesh Bariha, son of late Vishwanath Bariha, aged about 26 years, R/o Village Mudhipar, Police Station and Tahsil Pithora, District Mahasamund (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Pithora, District Mahasamund (CG) ---- Non-Applicant For Applicant : Shri R. Pradhan, Advocate. For Non-Applicant : Shri Devendra Pratap Singh, Deputy AG. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 1/9/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.122/2018 registered in Police Station Pithora, District Mahasamund for offence under Section 363, 366 and 376 of the IPC and Section 4 & 6 of the Protection of Children from Sexual Offences Act.

2. The applicant and the prosecutrix allegedly eloped and started living together while working at brick kiln, Lucknow (UP). They left the village on 15.7.2018 and stayed at Lucknow for about 2 years when she was recovered from the quarantine centre from the possession of the applicant on 3.7.2020. Initially the FIR was lodged by the uncle of the prosecutrix alleging abduction by the applicant.

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

4. 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