Mahendra Kumar Mahapatra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 991 of 2015 Mahendra Kumar Mahapatra S/o Bhikhari Charan Aged About 59 Years Caste Bramhan, R/o Basna, P.S. Basna, Civil & Revenue Distt. Mahasamund (Chhattisgarh).

---- Applicant

Versus

State Of Chhattisgarh Through S.H.O. Police Station Basna, Distt. Mahasamund (Chhattisgarh).

---- Respondent For Applicant :

Shri Awadh Tripathi, Advocate.

For State :

Shri Vinod Tekam, Panel Lawyer Order On Board 13/10/2015 Heard.

1.

The applicant is apprehending his arrest in connection with Crime No.252/2015 registered at Police Station- Basna, Distt. Mahasamund (C.G.) for alleged commission of offence under Section 354 of IPC and Section 8 of the Prevention of Children from Sexual Offences Act, 2012.

2.

Case of the prosecution is that the applicant outraged modesty of 13 years old girl student, the applicant, himself, being headmaster of the school. 3.

Learned counsel for the applicant submits that it is a case of false implication. The girl has falsely implicated him at the instance of one Sarita Dani and her husband Dileep Gupta. The incident happened long back after almost one year, the allegations are being leveled by the girl student of the school. 4.

On the other hand, learned counsel for the State submits that in the statement recorded by the Magistrate under Section 164 Cr.P.C. the girl student aged about 13 years has clearly stated regarding the act of the applicant in outraging modesty of the girl student which was continued for long in the school.

5.

Considering the nature of allegations, no case for grant of anticipatory bail is made out.

6.

The application is rejected.

Sd/- Manindra Mohan Shrivastava J U D G E Rekha