Rajasthan High Court - JodhpurRama vs State on 26 July, 2016Author:Pankaj BhandariBench:Pankaj BhandariIN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR

                            ORDERS.B. CRIMINAL MISC. BAIL PETITION NO.6484/2016
                Rama Vs. The State of Rajasthan

      Date of order            :         26.07.2016

           HON'BLE MR.JUSTICE PANKAJ BHANDARI

Mr.Jitendra Ojha for the petitioner.
Mr.K.V.Vyas, PP for the State.<><><>1.          The petitioner has moved this bail application

under Section 439 Cr.P.C.2.          The   allegation   against   the   present   petitioner

pertains toSections 363,366,368,376IPC andSections 4&17of the Protection of Children from Sexual Offences Act.3.          The contention of the counsel for the petitioner is

that the challan in this case has been filed . The prosecutrix, in

her statement before the police, has stated that her father

wanted to marry her to an elderly person. Therefore, she on

her own went to Gujarat, where she had a love affair with the

present petitioner and she has also got married in the court.4.          Learned Public Prosecutor, on the other hand, has

contended that the prosecutrix in her statement recorded

underSection 164Cr.P.C. has stated that she was forcefully

taken by the present petitioner and he committed rape with

her for three months. It is also contended that as per the
     medical report, the age of the prosecutrix is between 15 and

    16 years and she was pregnant at the time of the medical

    examination.5.          I have considered the rival contentions of the

    counsel for the parties.6.          Considering the statement of the prosecutrix as

    well as the fact that she is between 15 and 16 years of age

    and has become pregnant because the rape being committed

    upon her, I am not inclined to grant bail to the present

    petitioner at this stage.7.          Consequently, this bail application is dismissed.

    However, the petitioner would be free to move fresh bail

    application after recording of the statement of the prosecutrix.(PANKAJ BHANDARI), J.skant/-