MAHAVEER Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has preferred his application under Section 439 Cr. P.C. for this release on bail in the offence registered against him and other co-accused persons under Section 366, 368 376134 I.P.C.

(2.) According to prosecution version, the prosecutrix, a Bengali lady named Meena Rai, along with her husband Shankar and the male child has reached Ramapur in Search of work. Her husband for a while went to market for buying some medicine, leaving the prosecutrix Meena along with her male child at the bus stand, from where they were abducted by Mahtab Gujar and Giriraj Pandit, the two co-accused persons and was taken to village Sabalgarh. There they committed rape on her. Later, Mahtab Gujar and Giriraj Pandit sold away the prosecutrix to the applicant for Rs.11,000/-. The complainant husband on his return did not get his wife and the son. He had been searching for his wife and the son and when ultimately he succeeded in tracing them, the applicant demanded Rs. 6,000/- from the complainant for returning his wife.

(3.) Shri Pateriya, appearing for the applicant, submits that two co-accused persons, Giriraaj Pandit and Shankar Gujar whose role in more grave and active in the commission of offence, have been allowed bail. Therefore, the applicant also deserves the benefit.