Nand Kumar v. State Of Chhattisgarh

MCRC No. 6102 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6102 of 2020 • Nand Kumar S/o - Shiv Bhajan Aged About 19 Years R/o - Vill. - Dhapni Pani, Schoolpara, Marwahi, P.S. Pendra, Dist - Gaurela Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, P.S. - Jhagrakhand, Dist - Koriya (Not Mention) Chhattisgarh ---- Respondent For Applicant Mr. Ramsajiwan, Advocate For Respondent /State Mr. Sudeep Agarwal, Dy. AG Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 16/10/2020

1. Heard.

2. The prosecutrix is appearing through the Help Desk of DLSA, Koriya along with Mr. Sunil Kumar Tande, Advocate.

3. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.56/2020 registered at Police Station Jhagrakhand District Koriya (CG) for

MCRC No. 6102 of 2020 the offence punishable under Sections 376 (2)(N), 363, 366 of the IPC and Section 6 of the Protection of Children From Sexual Offences Act, 2012.

4. The prosecutrix, aged about 16 years, would oppose the application for grant of bail to the applicant. According to her statement, the applicant abducted and committed forcible sexual intercourse on promise to marry.

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

6. Accordingly, the bail application is dismissed with liberty to the applicant to repeat the prayer after examination of the prosecutrix.

Sd/- (Prashant Kumar Mishra) Judge Shyna