Anjani Kumar Rathor v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 586 of 2017 Anjani Kumar Rathor S/o Shri Kitab Singh Aged About 25 Years R/o Village Dhelawadih Police Station & Tahsil Katghora, Civil & Revenue District Kobra Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Katghora, Civil & Revenue District Korba, Chhattisgarh. ---- Respondent For applicant Mr. Parasmani Srivas, Adv.

For Respondent/State Mr. Arvind Shukla, PL.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 18-81. Heard finally.

2. The applicant has preferred this MCRCA as he apprehends his arrest in connection with Crime No. 143/2017 registered in PS Katghora, Distt. Korba for offence punishable under Section 376 of the Indian Penal Code, 1860.

3. Learned counsel for the applicant submits that the applicant and the prosecutrix are neighbour. He has been falsely implicated. There is no such ingredient as required under Section 375 of the IPC hence instant MCRCA may be allowed and the applicant may be granted anticipatory bail.

4. Per contra, learned counsel for the State opposes the instant MCRCA.

5. Perused the written complaint and statement of the prosecutrix recorded under Section 161 of the Cr.P.C.

6. On perusal it appears that the word "forcefully" to make physical

relation is surfaced and also thereafter many other facts regarding taking the photo of the prosecutrix in an obscene manner and thereafter to send it to other also as the applicant prepared the some obscene video and circulated the same, on due consideration of the entire facts surfaced, I am not inclined to grant anticipatory bail to the applicant.

7. Consequently, instant MCRCA is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak