Madhya Pradesh High Court
Rajbahadur Singh Alias Chhote Singh vs The State Of Madhya Pradesh on 14 December, 2017
THE HIGH COURT OF MADHYA PRADESH
MCRC-26527-2017
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(RAJBAHADUR SINGH ALIAS CHHOTE SINGH Vs THE STATE OF MADHYA PRADESH)
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1
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Jabalpur, Dated : 14-12-2017
Shri C.S. Parmar, counsel for the petitioner.
Pr
Shri A.K. Singh, Deputy Government Advocate for the
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respondent/State.
hy Heard on this first application for anticipatory bail ad under Section 438 of the Code of Criminal Procedure filed on behalf of the petitioner Rajbahadur Singh @ M Chhote Singh in Crime No.228/2017, registered by of P.S.Satai, District- Chhatarpur under Section 354 of the IPC and Section 7/8 of the Protection of Children from rt Sexual Offences Act, 2012. ou As per the prosecution case, the prosecutrix is 13 C years 4 months old minor girl. At about 12 p.m. on h 14.11.2017, when she was returning from school, ig petitioner Chhote Raja started to tease her. He was H asking the prosecutrix to take Panjeeri from him. When the prosecutrix refused, petitioner Chhote Raja caught hold of her hand and slapped her twice on her cheeks. Thereafter, first information report was lodged, the same day.
Learned counsel for the petitioner submits that the petitioner is a 35 years old man with wife and children. The incident is alleged to have taken at a spot where there are other houses. It appears from the incident as reported that the petitioner has only slapped the prosecutrix and offence under Section 323 of the IPC sh would be made out, which has been given colour of a sexual offence. Therefore, it has been prayed that the e petitioner be granted benefit of anticipatory bail.
ad Learned Government Advocate for the Pr respondent/State on the other hand has opposed the application.
a hy However, keeping in view the facts and circumstances of the case in their entirety, particularly ad the facts as pointed out by the learned counsel for the M petitioner, in the opinion of this Court, petitioner deserves the of benefit of anticipatory bail. Consequently, the first application for anticipatory bail rt under Section 438 of the Code of Criminal procedure ou filed on behalf of the petitioner Rajbahadur Singh @ Chhote Singh is allowed. C It is directed that in the event of his arrest, the petitioner h shall be released on anticipatory bail on furnishing a ig personal bond in the sum of Rs.40,000/- and a solvent H surety in the same amount to the satisfaction of the Arresting Officer for his appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure. Certified copy as per rules.
(C V SIRPURKAR) JUDGE Digitally signed by VAISHALI AGRAWAL Date: 2017.12.14 21:10:54 -08'00' vai sh e ad Pr a hy ad M of rt ou C h ig H