DEBRAJ MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Kotagarh P.S. case No. 159 of 2023 corresponding to C.T. Case No. 153 of 2023 pending in the Court of the learned J.M.F.C., Kotagarh which has been registered under Sec. 417,376(2)(n),506 of the IPC.

(2.) The prayer for bail of the petitioner has been rejected by order dtd. 23/12/2023 by the learned Addl. Sessions Judge, Balliguda, in BLAPL No. 105 of 2023.

(3.) Mr. M. Das, learned counsel for the petitioner submits that the petitioner is in custody since 27/11/2023 and from the nature of allegations in the FIR it would be apparent that the petitioner and the victim-informant, who is a married lady with three children were in a consensual relationship and the informant had also voluntarily left her matrimonial home and accompanied the petitioner and stayed with him in various places. Ultimately, when he refused to marry her, she has lodged the FIR. So, even accepting the allegations on record to be true and offence under Sec. 376(2)(n) will not be made out against him.