BISAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD both the counsel. This petition under Section 439 of Cr.P.C. has been filed by applicant - Bisahu for grant of bail. He is the accused in Crime No. 800 of 2002 registered in Police Station: Chhawni Durg, for the offences punishable under Section 363, 366 and 376 of I.P.C. Name of prosecutrix is Veena Sahu aged about 17 years. The case of the prosecution is that on 30/6/2002 she was missing from her house. It is stated that the applicant induced her to go with him promising her to marry her. He took her to Nagpur and from Nagpur to Bhilai and committed rape on her forcibly. Meena Sahu - mother of the prosecutrix filed a missing report on 30/6/2002 before Chhawani Police and thereafter the applicant and the girl were traced in Bhilai on 7/9/2002. After tracing the girl the mother of the girl filed Dehati Nallshi on the same day. It is stated that the statement of the girl was also recorded on the same day. Learned counsel appearing for the applicant submitted that according to the radiological report the girl was aged about 17 years. The fact that the prosecuth-x was moving with the applicant from 30/6/2002 to 7/9/2002 from place to place itself shows that she is a consenting party and the mother of the prosecutrix has not stated in her Dehati Nallshi recorded on 7/9/2002 that the applicant committed rape on the prosecutrix. Having regard to the facts and circumstances of the case. I am of the opinion that it is a fit case to admit the applicant to bail. The petition is accordingly allowed. Applicant Bisahu is directed to be released on bail on his executing a bond in sum of Rs. 5,000.00 with two sureties for the like sum to the satisfaction of the concerned Magistrate for his appearance before the said Court/trial Court, or as and where so directed. Parties are entitled for certified copy of this order. Application allowed.