(1.) Heard. The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No. 123/2014 registered at Police Station Gidhori Police Station (Police Chowki Girodhpuri), District Baloda Bazar- Bhatapara for the offence punishable under Section 376, 363, 506-B of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 and Section 3(1)(XII) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The applicant has been arrested on 30-07-2014.
(2.) Case of the prosecution is that the applicant kidnapped the prosecutrix, stated to be 17 years of age and committed rape on her.
(3.) Learned counsel for the applicant submits that the circumstances of the case, particularly the statement of the prosecutrix, delay of four months in lodging FIR and the statement of mother and father of the prosecutrix would prima facie reveal that the prosecutrix and the applicant had longstanding affair and it was only compulsion of the father, report has been lodged. Even according to the prosecutrix, alleged incident between the prosecutrix and the applicant had taken place four months before the date of lodging FIR. Learned counsel for the applicant submits that the prosecution has come out with a report of the Doctor which also does not favour the State, as the Doctor has opined the age of the prosecutrix more than 16 years with a relaxation up to two years, therefore, in these circumstances, the applicant is entitled to bail,