Devnath Netam v. State Of Chhattisgarh

MCRC No. 5550 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5550 of 2020 • Devnath Netam S/o Sakharam Netam, Aged About 23 Years R/o Gram Tendubaay, P.S. Piperchedi, District Gariyabandh Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Piperchedi, District Gariyabandh Chhattisgarh ---- Respondent For Applicant :- Mr. Anjinesh Shukla, Advocate For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 21/09/2020

1. Heard.

2. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.04/2020 registered in Police Station Piperchedi, Gariyabandh for the offence punishable under Sections 376 (2), 366 of the I.P.C. & Section 6 of the Protection of Children from Sexual Offences

MCRC No. 5550 of 2020 Act, 2012.

3. As per the statement of the prosecutrix, the applicant has committed forcible sexual intercourse with her on promise to marry. On the date of FIR, age of the prosecutrix is 16 years and 03 months but the sexual intercourse was committed prior to the date of FIR.

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

5. Considering the age of the prosecutrix, this Court is not inclined to release the applicant on bail at this stage.

6. Accordingly, the bail application is rejected. However, liberty is reserved in the favour of applicant to revive the prayer after examination of the prosecutrix.

SD/- (Prashant Kumar Mishra) Judge Ayushi