Ku. Manju And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4836 of 2017

1. Ku. Manju D/o Santosh Verma, Aged About 23 Years R/o Village Ninva, Police Station & District Bemetara, Chhattisgarh.

2. Smt. Rani Verma W/o Chhabi Verma, Aged About 20 Years R/o Village Kanki, Police Station Kharora, District Raipur, Chhattisgarh. ---- Applicants

Versus

• The State of Chhattisgarh Through Station House Officer, Police Station Bemetara, District Bemetara, Chhattisgarh.

---- Respondent For Applicants :

Shri P.P. Sahu, Advocate For Respondent-State :

Shri SRJ Jaiswal, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 20/11/2017

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 01.07.2017 in connection with Crime No. 285/2017 registered at Police Station Bemetara, District-Bemetara (CG) for the offence punishable under Sections 363, 366, 368, 376 of the I.P.C. and Sections 4 & 5 of the Protection of Children from Sexual Offences Act, 2012.

2. As per the prosecution case, one Pradeep Verma, allured the prosecutrix, who was a minor, took her away from the lawful guardianship of the parents and thereafter performed marriage. It is the further case of the prosecution that the present applicant No.2 Rani Verma had given them shelter after the

marriage for some time and applicant No.1 Ku. Manju had advised her to remain in the house till they attain the majority.

3. Learned counsel for the applicants submits that no offence has been committed by the present applicants and the main allegation is attributed to one Pradeep Verma that he had performed marriage with the victim, therefore, no offence is made out against the applicants and they may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Perused the statement of the victim. Considering her statement and nature of allegation against the present applicants and since they are lady, who are in jail since 01.07.2017, I am inclined to release the applicants on bail.

6. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Goutam Bhaduri Judge Ashu