ARUN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner above-named who is in custody since 23/1/2023 has moved this Court for grant of regular bail in connection with Narkopi P.S. Case No.09 of 2021 registered under Ss. 376/313/ 323/34 of the Indian Penal Code.

(2.) Heard the parties.

(3.) It is submitted by learned counsel for the petitioner that the offence under Sec. 376 IPC will not be made out as the girl is a major and as per the case of the complainant, the petitioner/ accused established physical relationship from 10/6/2018 to 9/11/2020 and when she became pregnant, the instant case has been filed. It is submitted that even if the allegations are accepted, case can be made out under Sec. 417 IPC and not under Sec. 376 IPC.