LAWS(CHH)-2016-1-45

NARENDRA SINHA Vs. STATE OF CHHATTISGARH

Decided On January 18, 2016
Narendra Sinha Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 120 of 2015 registered at P.S. Somni, Distt. Rajnandgaon (C.G) for the offence punishable under Sections 363, 366, 376 of IPC and Section 4(A) & 6 of Protection of Children from Sexual Offences Act, 2012.

(2.) As per the prosecution, on 17.06.2015 the applicant abducted the prosecutrix who is minor on the allurement of marriage and subsequently he committed forcible sexual intercourse with the girl for which a report was lodged on 17.07.2015 by the prosecutrix.

(3.) Learned counsel for the applicant submits that the applicant has performed marriage with the prosecutrix and she is aged about 17 years and was able to understand every thing and as per the statement recorded u/s 164 Cr.P.C., the boy was confined by the family members and the dispute arose between the family members of the prosecutrix and family members of the applicant and since the applicant do not dispute the marriage till date, he may be enlarged on bail.