D.N.UPADHYAY - (1.) THE petitioner is an accused in a case registered under Sections 376/ 511/ 420/ 34 I.P.C. in connection with Kasmar P.S. Case No. 29 of 2012, corresponding to G.R. No. 384 of 2012, pending in the Court of the Additional Chief Judicial Magistrate, Bermo at Tenughat.
(2.) There is allegation in the written report that Jabbar Ansari with whom marriage of the informant was settled, was trying to establish physical relation with her for which she did not agree. It is further alleged that a sum of Rs. 2,11,000/ - was given to Kutubuddin Ansari, who happens to be the cousin brother of accused Jabbar. Thereafter, the accused persons started demanding more money and a motorcycle and refused to marry the girl.
(3.) IT is submitted that the allegation of attempt to rape is against Jabbar Ansari for which the petitioner could not be held liable. Furthermore, he did not receive money from the informant or her parents. He has been implicated only because he is the brother of accused Jabbar Ansari.;