Aakash Ratre v. State Of Chhattisgasrh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4080 of 2018 Aakash Ratre S/o Shri Bhagwan Das Ratre, Aged About 19 Years R/o Mini Basti Jarhabhata Bilaspur , Police Station Civil Line, Bilaspur , Civil And Revenue District Bilaspur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgasrh Through The Station House Officer , Police Station City Kotwali Civil And Revenue District Bilaspur Chhattisgarh.

---- Respondent For applicant - Shri Paras Mani Shriwas, Advocate. For Respondent/State -Smt. Madhunisha Singh, PL. Hon'ble Shri Justice Goutam Bhaduri Order 11/07/2018 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.184/2017 registered in Police Station City Kotwali, District Bilaspur (C.G.) for offence punishable under sections 363, 366, 376 of IPC and Section 3, 4 of Protection of Children from Sexual Offences Act, 2012.

2.

As per the prosecution case, a report was made by father of the prosecutrix that his daughter is missing, thereafter she was found in the company of the applicant. During investigation it revealed that the applicant enticed away the minor girl, thereafter on the pretext of marriage committed sexual intercourse.

3.

Learned counsel for the applicant submits that marriage was performed in between the applicant and the prosecutrix with the consent of the family members and thereafter since earlier report was made on that basis applicant has been arrested, therefore he may be released on bail.

4.

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

Perused the document as also statement under section 164 of Cr.P.C. wherein prosecutrix has stated that with the consent of the family members and the society, she was married to the applicant. Taking into such fact and the charge sheet has been filed, 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 his 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 his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri