Rajnarayan @ Gudwa Paswan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7795 of 2016 Rajnarayan @ Gudwa Paswan S/o Late Shri Ramayan Paswan, Aged About 37 Years R/o Village Badha, Police Station Shankargarh, District Balrampur Ramanujganj Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Kusmi, District Balrampur Ramanunjganj Chhattisgarh ---- Respondent For applicant - Shri Jitendra Shrivastava, Advocate. For Respondent/State - Shri Arvind Shukla, PL. For prosecutrix - Shri Sanjay Patel, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 7/12/2016 1.

This is the second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed on 11/07/2016 vide M.Cr.C. No.3184 of 2016.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 9/2016 registered in Police StationKusmi Dist. Balrampur-Ramanujganj for offence punishable under section 376 of Indian Penal Code and Section 5 (V) & 6 of the POCSO Act. 3.

As per the prosecution case, the applicant on the allurement of marriage committed forceful sexual intercourse with the prosecutrix and she became pregnant and delivered a baby. Subsequently, the applicant refused to marry and disowned the paternity.

4.

Learned counsel for the applicant submits that the prosecutrix has been examined and she has not attributed any allegation against the applicant. Learned counsel for the prosecutrix also appears and submits that the prosecutrix is residing as wife in the house of the applicant and

she has no objection, therefore the applicant may be released on bail. 5.

Learned State counsel opposes the prayer for grant of bail. 6.

Considering the statement and no objection by the prosecutrix wherein it is stated that she is now been accepted as wife and living in the house of the applicant, this court is inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri