Ajai Lamba, J. - (1.) THIS petition prays for bail in Case Crime No. 679 of 2011, under Sections 363/366/376 I.P.C., Police Station Dargaha Sharif, District Bahraich. Learned counsel appearing for the petitioner at the outset contends that a case of rape is not made out, even if, the stand of the prosecutrix given out in her statement under Section 164 Cr.P.C. is considered.
(2.) LEARNED counsel further contends that the prosecutrix admittedly lived with the petitioner of her own Will and accord for more than two months. Learned counsel appearing for the respondent -State has not disputed the contents of the statement of the prosecutrix under Section 164 Cr.P.C., Annexure -5 or the fact that the prosecutrix lived with the petitioner in his house from 13th of July, 2011 till 21st of September, 2011.
(3.) I have considered the contention of the learned counsel.;