Ajai Lamba, J. - (1.) THIS petition has been filed praying for grant of bail in Case Crime No. 661 of 2011 under Sections 363, 366, 368, 376 I.P.C., Police Station Harchandpur, District Raebareily. Learned counsel appearing for the petitioner while relying on the statement of the prosecutrix, placed on record as Annexure -5, contends that even as per the stand of the prosecutrix in her statement recorded under Section 164 Cr.P.C., the petitioner treated her with respect and did not commit rape on her. Main accused of the incident, as per case of the prosecutrix are Ram awadh and Ram Prakash.
(2.) IT has further been argued that the age of prosecutrix was about 16 years as per medical examination. The physical examination indicates that the prosecutrix was habitual of sexual intercourse. No injury on the person of the prosecutrix has been detected during medical examination. Learned counsel appearing for the respondent -State has pointed out from Annexure -6 i.e. the statement of the prosecutrix under Section 161 Cr.P.C., that prosecutrix has made the allegation of rape even against Amit Kumar, petitioner.
(3.) I have considered the contention of Learned Counsel.;