Madhya Pradesh High Court
Bhairo Prasad Patel vs The State Of Madhya Pradesh on 15 January, 2018
THE HIGH COURT OF MADHYA PRADESH
M.CR.C. Nos. 21164/2017, 24122/2017 & 27827/2017
6
Jabalpur, Dated : 15-01-2018
Shri Rajroop Patel, learned counsel for the applicants.
Shri D. K. Parouha, learned Government Advocate for the
respondent/State.
By a common order, M.Cr.C. Nos. 24122/2017 and 27827/2017 sh moved by applicants Smt. Satya Devi and Smt. Rajkumari Kewat for e anticipatory bail and M.Cr.C. No. 21164/2017 moved by principal ad accused Pushpraj Patel for grant of regular bail have been disposed of.
Pr The applications under Section 438 of the Code of Criminal Procedure, 1973 have been filed for grant of anticipatory bail to a hy applicants Satya Devi @ Gudiya Patel, Smt. Rajkumari Kewat and Bhairo Prasad Patel herein who are apprehending their arrests in ad connection with Crime No. 294/2017 for the offences punishable M under sections 363, 366, 376, 34 of I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 registered at of Police Station-Gadh, District-Rewa and the application under Section rt 439 of the Code of Criminal Procedure has been filed for grant of ou regular bail on behalf of applicant Pushpraj Patel.
The allegation against applicant Pushpraj Patel is that he has C abducted and raped the minor daughter of the complainant. h Learned counsel for the State has submitted that age of the ig prosecutrix is about 15 years and 8 months. She is stated to have H disappeared from home on 6/09/2017. On 7/09/2017, the mother of the prosecutrix registers an F.I.R. under Sections 363 and 366 of I.P.C. stating that she suspects that her daughter has been kidnapped by applicant Pushpraj Patel. It is relevant to state that the said F.I.R. also observes that applicant Pushpraj was present in the Police Station along with the complainant at the time of registration of F.I.R. The applicant Pushpraj has been arrested on 13/09/2017. The prosecutrix was recovered on 10/09/2017 and on 11/09/2017, her 161 statement has been recorded. Thereafter, her statement under Section 164 of Cr.P.C. has been recorded on 14/09/2017 in which the prosecutrix states that she was interested in the applicant Pushpraj Patel for some time and that she was abducted by him and kept in his house and that he had committed rape with her on the intervening night of 6th and 7th September, 2017. She says that applicants Satya Devi, Rajkumari Kewat and Bhairo Prasad had assisted the main accused Pushpraj Patel in the case. How they have assisted the main accused is not spelt out correctly and the allegation to that effect is omnibus. The M.L.C. is inconclusive and the F.S.L. report shows that there were no human sperm in the vaginal slide taken from the prosecutrix and her clothes.
sh The charge-sheet has been filed.
e Under the circumstances, the application M.Cr.C. No. ad 21164/2017 filed on behalf of applicant Pushpraj Patel is allowed Pr and he shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees fifty thousand only) with one a solvent surety in the like amount to the satisfaction of the trial Court hy and M.Cr.C. Nos. 24122/2017 and 27827/2017 are also allowed and it ad is directed that if applicants Satya Devi @ Gudiya Patel, Rajkumari M Kewat and Bhairo Prasad Patel are arrested by the Arresting Officer, they shall be enlarged on bail upon their furnishing a personal bond in of the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the rt Arresting Officer, subject to the conditions enumerated in Section ou 438(2) of the Code of Criminal Procedure, 1973. The applicants shall C join investigation as and when called upon to do so by the police. h C.C. as per rules.
ig H (ATUL SREEDHARAN) JUDGE vy Digitally signed by VAIBHAV YEOLEKAR VAIBHAV DN: c=IN, o=HIGH COURT OF MADHYA PRADESH JABALPUR, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=5d417c5e2cdb0fdfcea7271b91298 YEOLEKAR 9fffd7a8d3dbf63db4ebdc42355e64abf7c, 2.5.4.45=0321007752E925403D6A9CA64C0 AF28688DDCEFD19008152D550BB9E37BE4 DAFFE2DB9, cn=VAIBHAV YEOLEKAR Date: 2018.01.17 17:23:20 +05'30'