Makhan Raikwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 12166 MP

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           IN THE HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR

                                      BEFORE
          HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

                       ON THE 13th OF SEPTEMBER, 2022

           MISCELLANEOUS CRIMINAL CASE NO. 42192 of 2022

       Between:-

       MAKHAN     RAIKWAR    S/O    SHRI
       BHAIYALAL RAIKWAR, AGED 26 YEARS,
       RESIDENT   OF   MANDI    BAMORA,
       TEHSIL-  BINA,  DISTRICT SAGAR
       (MADHYA PRADESH)

                                                                   ........APPLICANT

       (BY SHRI J.P. MISHRA - ADVOCATE)

       AND

       STATE    OF    MADHYA    PRADESH,
       THROUGH POLICE STATION KURWAI,
       DISTRICT VIDISHA (MADHYA PRADESH)
                                                                 ........RESPONDENT

       (BY SHRI C.P. SINGH- PANEL LAWYER)
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        This application on for hearing this day, the Court passed the
following:
                                      ORDER

Case diary is available.

This third application under Section 439 Cr.P.C. has been filed for grant of bail. Second application was dismissed as withdrawn by order dated 07.07.2022 passed in M.Cr.C No.32368/2022.

The applicant has been arrested on 14.03.2022 in connection with Crime No.17/2018 registered at Police Station Kurwai, District Vidisha (M.P.) for offence under Sections 363, 366, 376(2)(N) of IPC and Sections 3/4, 5L/6 of POCSO Act It is submitted by the counsel for the applicant that according to the prosecution case, prosecutrix was more than 16 years of age, but less than 18 years of age. She has turned hostile.

Per contra, counsel for the State by referring to the cross- examination of the prosecutrix submitted that she has admitted that she has married the applicant and is blessed with two children, i.e., son and girl. She also admitted that she had voluantary physical relationship with the applicant. Thus, it is clear that in the light of the judgment passed by the Supreme Court in the case of Independent Thought Vs. Union of India and others reported in (2017) 10 SCC 800, physical relationship with a minor wife below the age of 18 years is also an offence punishable under Section 376 of IPC.

Considering the submissions made by the counsel for the parties, this Court is of the considered opinion that since the prosecutrix was minor at the time when she eloped with the applicant, no case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge

Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2022.09.15 19:19:03 +05'30'