Dhannu @ Dhaneshdas Manikpuri v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4324 of 2017 Dhannu @ Dhaneshdas Manikpuri S/o Kartikdas Manikpuri, Aged About 20 Years R/o Village Lavan Khartor Tigadda, Police Station Kasdol, Civil & Revenue District Baloda Bazar Bhatapara, Chhattisgarh. ---- Petitioner

Versus

State Of Chhattisgarh Through Police Station Dharsiva, District Raipur, Chhattisgarh.

---- Respondent For Applicant :

Shri Rakesh Thakur, Advocate For Respondent/State :

Shri Satish Gupta, Govt. Advocate S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/07/2017 Heard.

1. This is the second application for grant of bail to the applicant. His earlier bail application was dismissed as withdrawn on 28.2.2017.

2. The applicant has been arrested in connection with Crime No.356 of 2016 registered in Police Station- Dharsiva, District- Raipur (C.G.) for alleged commission of offence under Sections 363, 366 & 376 IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

3. Learned counsel for the applicant submits that this second application for grant of bail has been moved on the ground that the prosecutrix and other important witnesses of the prosecution have been examined and what has been stated by the prosecutrix shows that the applicant and the prosecutrix had an affair and they married. It is further submitted that the allegation of commission of sexual intercourse is only after solemnization of marriage, therefore, in view of exception-2 to Section 375 IPC, offence under Section 376 IPC is not made out.

-24. On the other hand, learned counsel for the State has opposed the bail application. He submits that as the offence is heinous in nature, the applicant may not be released on bail.

5. Taking into consideration the submissions made by learned counsel for the applicant, particularly taking into consideration that the prosecutrix in her statement has stated that she married with the applicant and thereafter started living as husband and wife and considering the provisions contained in exception-2 to Section 375 IPC, I am inclined to enlarge the applicant on bail.

6. The application is accordingly allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions: (i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen