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PRAVEEN KUMAR versus STATE OF U.P.

High Court of Judicature at Allahabad

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Praveen Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 4303 of 2006 [2006] RD-AH 12197 (25 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Reserved

Criminal Misc. Bail Application No. 4303 of 2006

Praveen Kumar Versus State of U.P.

***

Hon'ble (Mrs.) Saroj Bala, J.

This is an application for bail moved on behalf of the applicant Praveen Kumar arraigned in case Crime No. C-6 of 2005 under sections 363, 366, 376, I.P.C., Police station Kydganj, district Allahabad.

Heard Sri Gulab Chandra, learned counsel for the applicant, learned AGA and have perused the record.

The applicant and co-accused Smt. Siya Rani are said to have enticed away informant's about 15 year old daughter on 26.8.2005 at about 3 p.m. The applicant is said to have committed rape on her by putting her in fear of death. The applicant took away the girl to district Jabalpur, State of M.P. and kept her confined in a room for a week and committed sexual assault on her. The applicant is said to have procured the signatures of the girl on some documents by force. The girl was brought back to Allahabad on 6.9.2005.  She reached home and narrated the incident.

The learned counsel submitted that the age of the girl is 17 years and she went with the applicant of her own sweet will and both of them got married before Lord Shiva and thereafter a marriage deed was prepared and verified before the Notary Public. The learned counsel argued that after marriage the applicant and the prosecutrix lived together as husband and wife. The learned counsel pointed out that no marks of injury on the body or private part of the girl were found in medical examination.

The learned AGA submitted that the date of birth of the girl being 2.11.1990 her age is about fourteen years and ten months. The learned counsel urged that the girl in her statement recorded under section 164 Cr.P.C. has stated that the applicant took her away to district Jabalpur and committed rape on her for a week and thereafter she was brought to Allahabad.

I have taken into consideration the submissions advanced on behalf of both the parties.

The date of birth of the girl being 2.11.1990 she was less than 15 years on the date of occurrence. The girl being below 16 years of age her consent is immaterial. The girl in her statement recorded under section 164 Cr.P.C. by the Magistrate has stated that co-accused Smt. Siya Rani took her away to her house and the applicant came there and committed rape on her. Co-accused Smt. Siya Rani is said to have closed the door from outside. Thereafter the girl was taken by the applicant to district Jabalpur and was kept confined in a room for a week and was subjected to sexual ravishment. The applicant having committed rape on a girl below the age of 16 years I do not consider it to be a fit case for grant of bail.

The bail application moved on behalf of the applicant Praveen Kumar is hereby rejected.

D/-25.7.2006

Mahmood.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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