Thharendra Verma vs State of C.G.

Goutam Bhaduri, J.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 367/2013 registered at Police Station-Bemetara, District Bemetara, for offence punishable under Sections 376, 363, 366 of IPC and Section 5(L) & 6 of the Protection of Children from Sexual Offences Act, 2012. As per the prosecution story, a report was lodged by the father of the prosecutrix Ram Bharosa on 29.07.2013 that when her daughter had gone to see TV on 26.07.2013, she has eloped with the applicant and she being minor, a report was lodged. Thereafter, the applicant was arrested subsequently and the prosecutrix was recovered from the possession of the applicant. It is case of the prosecution that the prosecutrix went to Puna and other places and thereafter was living at Ponderpur.

Learned counsel for the applicant would submit that the applicant and the prosecutrix both have married and he relied on the affidavit furnished alongwith the application. He would submit that after attaining the age of 18 years of the prosecutrix, the marriage was performed; therefore, the applicant may be released on bail.

The learned State counsel was directed to verify the fact and he submits that on verification they have recorded the statement of the Notary as also the prosecutrix wherein it is stated that the prosecutrix had married with the applicant.

I have gone through the case diary. Considering the aforesaid facts, I am inclined to release the applicant on bail.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial court on each and every date given by the said Court. Certified copy as per rules.