Madhya Pradesh High Court
Nathuram Kushwaha vs The State Of Madhya Pradesh on 7 February, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.20367/2017
Jabalpur, dated 7.2.2018
Mr. Sunil Mishra, learned counsel for the applicant.
Mr. Akhilesh Singh, learned Deputy Government
Advocate for the respondent-State.
This is an application under section 439 of the Code of Criminal Procedure, 1973 for grant of bail on behalf of applicant Nathuram Kushwaha for the offences punishable under Sections 363, 366 and 376 IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act 2012 registered at Police Station Prithvipur, District Tikamgarh, vide Crime No.80/2017.
The applicant herein, who is a young boy of age 19 years, is in judicial custody since 13.8.2017 in the above said case. The allegation against him is of having taken away the prosecutrix from the lawful guardianship of her parents and committed rape with her. The age of the prosecutrix is about 14 years.
The learned counsel for the State has submitted that the 164 statement of the prosecutrix reveals consent and that she is expecting the child of the applicant herein. He has objected on the grounds that the prosecutrix is only 14 years of age and that her consent is of no consequence.
The case is one of statutory rape.
The learned counsel for the applicant has submitted that the applicant himself is only aged 19 years and is working as a casual labourer in Delhi and is not very literate.
Looking at the facts and circumstances of the case, that the 164 statement of the prosecutrix reveals consent though she is only 14 years old and the case is one of statutory rape, that the applicant herein is in judicial custody since 13.8.2017 and that the charge-sheet has been filed, I am inclined to allow the instant application and direct that the applicant herein be enlarged on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court.
Certified copy as per rules.
(Atul Sreedharan) Judge ps Digitally signed by PRASHANT SHRIVASTAVA Date: 2018.02.08 11:15:07 +05'30'