(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Tarava P.S. Case No.257 of 2022 corresponding to G.R. Case No.07 of 2023, pending in the file of the learned Addl. Sessions Judge-cum-Special Judge, Sonepur where charge sheet has been submitted against the petitioner for commission of offences under Ss. 363, 376 (2) (n), 366 of IPC read with Sec. 6 of the POCSO Act.
(2.) The prayer for bail of the petitioner had been rejected by order dtd. 13/6/2023 passed by the learned Addl. Sessions Judge-cum-Special Judge, Sonepur.
(3.) Mr. P.K.Negi, learned counsel submits that the petitioner is in custody since 3/4/2023 and the petitioner and the victim were in a consensual relationship and got married to each other and were staying in Rajkot. When they came back to the village, as FIR had been filed by the mother of the victim, the petitioner was arrested and the victim who was three months pregnant was taken to her parents house. In her statement recorded under Sec. 164 Cr.P.C., the victim clearly states that the petitioner and she were love with each other since two years. On 17/11/2022, both of them had gone to Rajkot (Gujarat) without informing anybody and they had physical relations with each other. As she has conceived and was three months pregnant, they had returned to the village to the house of the petitioner. The police and her family members came and took her. He further submits that the petitioner is interested to take back the victim to his house as they have married each other and she is pregnant and has become a major.