Decided on February 11,2003



- (1.)This criminal revision under Section 397 read with 401 of the Criminal Procedure Code has been filed against the order dated 13-12-2002 by which the learned Additional Sessions Judge, Sakti (Janjgir Champa) cancelled the bail granted to the accused/applicant vide order dated 4th October, 2002 passed on the bail application filed by the accused/applicant in connection with the offence registered at Crime No. 158/2002 by the police station-Baradwar against him under Section 376 of the Indian Penal Code.
(2.)Relevant facts for the disposal of this petition are that on 15th September, 2002 prosecutrix Malti Kumari R/o. Gidhouri submitted a written report to the Officer Incharge of Police Station-Baradwar that Surendra Kumar Patel lured her by giving promise to her that he will marry and under that allurement accused had sexual intercourse with her many times during last one year and now she is pregnant by 8 months. Upon this report the Officer Incharge of Police Station-Baradwar registered a case under Section 376 and started investigation. After completion of the investigation chargesheet has been filed against the accused/ applicant. As mentioned above in this case the accused/applicant was enlarged on bail vide order dated 4th October, 2002. Thereafter on 18th November, 2002 the prosecutrix Malti Bai filed an application before the learned Additional Sessions Judge Sakti under Section 439(2) of the Criminal Procedure Code with the allegations that on 4th November, 2002 in the evening at about 7.30 p.m. taking disadvantage of stoppage of electric supply, the accused/applicant Surendra Kumar came to the residence of the prosecutrix and started pressuring her to compromise in the criminal matter otherwise threatened with dire consequences saying that he will kill her two months' daughter. Similarly on 6th November, 2002 the accused/applicant threatened Bhasker Sahu, maternal uncle of the prosecutrix to compromise the matter. A report to that effect was also lodged in the police station. In the night of 4th November, 2002 Laxmi Prasad Sahu also saw the accused running from the residence of the prosecutrix. A report was lodged in the police station Baradwar but the police is not taking any action in the matter and the accused after his release on bail is also threatening the witnesses of the criminal case pending against him therefore his bail be cancelled.
(3.)It appears that on the above application learned Additional Sessions Judge asked the Officer Incharge of Police Station, Baradwar to enquire into the allegations made by the prosecutrix and submit his report. The Officer Incharge of Police Station during the enquiry examined the accused/ applicant, his father-Dhananjay Patel, Ram Prasad Sahu, Ekhram Sahu, Narayan Prasad Chouhan and Shyamlal Yadav. He also recorded the statements of Malti, Om Prakash Sahu, Laxmi Prasad and submitted the statements of the witnesses before the learned trial Court but he did not express his assessment on the correctness or otherwise of the complaint of the prosecutrix.

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