Nepal Behera v. State Of Chhattisgarh

MCRC No. 8721 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8721 of 2020 • Nepal Behera S/o Shri Rabi Chandra Behera Aged About 25 Years R/o Present Resident Sahdev Behara Bhim Khoj, P. S. Bhim Khoj, District Mahasamund Chhattisgarh Permanent R/o Village Turuk Bhata, P. O. Kudsud, P. S. Sindekela, District Balangir Odisha ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate Durg Chhattisgarh.

---- Respondent For Applicant :- Mr. Badruddin Khan, Advocate For Respondent-State :- Mr. Arijit Tiwari, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 01/03/2021

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.463/2017, registered at Police Station Utai, District- Durg C.G., for the offence punishable under Section 376 of the IPC.

2. Although, the prosecutrix is a major girl and was in relationship with the applicant as he had promised to marry her but the fact remains that after taking her to Mumbai, the

MCRC No. 8721 of 2020 applicant not only refused to marry her but abandoned her at a Railway Station.

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

4. Considering the conduct of the applicant, I am not inclined to release the applicant on bail.

5. Accordingly, the bail application is dismissed. However, liberty is reserved in favor of the applicant to revive the prayer after examination of the prosecutrix.

SD/- (Prashant Kumar Mishra) Judge Ayushi