- (1.) Heard the learned counsel for the petitioner the learned counsel for the State and the learned counsel for the Opposite Party No.2.
(2.) Petitioner has filed this criminal revision application for setting aside the order dated 2.6.2010 passed by the Additional Judicial Commissioner FTC, VII Ranchi, whereby the Court below has rejected the petitioner application for discharge filed under Section 227 of the CrPC.
(3.) The learned counsel of the petitioner submits that Gunja Jaiswal the Opposite Party No.2 has filed a Written Report to the Mohila Police stating therein that she aged about 23 years, daughter of Omprakash Jaiswal and is resident of Kokar at Ranchi, she had intimacy with the petitioner since last six years and he forcibly made sexual relationship with her. It has further been alleged that on 20.4.2009 also sexual relation was made by the petitioner on the assurance of marriage. On 21.4.2009 the petitioner is informed the informant that his family members are going to solemnize his marriage with another girl on 23.4.2009. On this, the informant went to them and objected on which the bride party refused to marry the petitioner and left the place. Thereafter, the family members of the petitioner informed the informant that they are ready to perform marriage of the petitioner with her and called the informant and her mother to their house on 28.6.2009. But instead of talking about the performance of the marriage, they threatened the informant and her mother that if she or her mother ever asked for marriage, they will face serious consequences. They have further threatened the informant party to do away with their lives even police will not save them. Thereafter, they kicked out the informant and her mother from their house. It is also alleged that the petitioner took away of the informant on 20.4.2009 in the Raj Rappa Mandir for performing marriage but though the petitioner has made a drama of performing marriage but no certificate was given regarding the said marriage to her. But on pretend of marriage, the petitioner enjoyed her and made physical relationship in the house of his friend for the whole night. On the basis of the aforesaid Written Report, a formal, FIR was drawn and case has been registered under Sections 376/323/504, IPC against the petitioner. After investigation, the police has submitted the charge-sheet.;