High Court Of ChhattisgarhMCRC/1582/2017dismissed

Smt. Riya @ Reeta v. State Of Chhattisgarh

2017-03-15Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1582 of 2017 Smt. Riya @ Reeta W/o Shri Dinesh Kumar Yadav, Aged About 30 Years R/o Ramayan Chauk, Chantidih, Police Station Sarkanda, Civil & Revenue District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Tarbahar, Bilaspur, Civil & Revenue District Bilaspur, Chhattisgarh. ---- Respondent For Applicant :

Shri Paras Mani Shrivas, Advocate For Respondent/State :

Shri Aditya Sharma, Panel Lawyer S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/03/2017 Heard.

1. The applicant has been arrested in connection with Crime No.41 of 2017 registered in Police Station- Tarbahar, Bilaspur, District- Bilaspur (C.G.) for alleged commission of offence under Sections 370, 376-D read with Section 34 IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

2. Case of the prosecution, in brief, is that the prosecutrix, a minor girl, was subjected to prostitution by the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant only sought to protect the prosecutrix against her exploitation in her own family and, therefore, the applicant has been falsely implicated.

4. On the other hand, learned counsel for the State has opposed the application

-2and submitted that in the statement of the prosecutrix recorded under Section 164 Cr.P.C. before the Magistrate, serious allegations have been found against the applicant, who is a lady. She had thrown the minor prosecutrix into prostitution, therefore, the applicant is not entitled to grant of bail.

5. Considering the submissions made by learned counsel for the parties and material on record, particularly taking into consideration the statement of the prosecutrix recorded under Section 164 Cr.P.C., I am not inclined to enlarge the applicant on bail.

6. The application is therefore rejected.

Sd/-- (Manindra Mohan Shrivastava) Judge Praveen