Madhya Pradesh High Court
MCRC/13167/2016 of JITENDRA Vs THE STATE OF MADHYA PRADESH on 29 December 2016
STATE OF MADHYA PRADESH) 29-12-2016 Shri D.S.
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MCRC-13167-2016
(JITENDRAVs THE STATE OF MADHYA PRADESH)
29-12-2016
Shri D.S. Patel, learned counsel for the applicant.Ms. Mamta Shandilya, learned counsel forrespondent/State.
Case-diary is available. Argument heard.
This is first application filed by the applicant underSection 439 of the Cr.P.C. for grant of bail.
The present applicant was arrested by Police Station-Avantipur Badodiya District Shajapur in Crime No.194/2015 under Sections 363,366 and 376(2)(N) of theIPC and Sections 3 /4 & 5 /6 of the Prevention ofChildren from Sexual Offence Act, 2012.
According to the prosecution story present applicant tookaway the prosecutrix, who was aged about 17 years,married her and kept her as his wife.
Learned counsel for the applicant submits that applicanthad already engaged with prosecutrix. When prosecutrixcame to know that her parents wanted to perform hermarriage with some other person, she prevailed upon thepresent applicant to took her with him. On her insistenceonly the present applicant took her to various places andkept her with him as his wife for some time.Subsequently, he left her at his parent's house.Learned counsel for the State opposes the application.After taking into consideration all the facts andcircumstances of the case and without commenting on merit of the case, I am of the view that it is a fit case forgrant of bail. The application filed under Section 439 ofthe Cr.P.C. is allowed.
It is directed that applicant shall be released on bail onhis furnishing a personal bond of Rs.50,000/-(Rs. FiftyThousand Only) and one solvent surety of the likeamount to the satisfaction of the concerned Magistratefor his appearance on all the dates of hearing as may bedirected in this regard during bail.
He is further directed that on being so released on bail,he would comply with the conditions enumerated underSection 437(3) of the Cr.P.C. meticulously.Certified copy as per rules.
(ALOK VERMA)JUDGE