After investigation, charge sheet was filed wherein it was indicated an offence punishable under Sections 376 and 406 of IPC was made out.
The love letters and Akrarnama photocopy are also with the case diary and the same are on the record.
Alleging that the accused was likely to get married with some other lady, an FIR was lodged.
By order dated 21.7.2005 the same was rejected.
Respondent No.2 lodged the First Information Report in short the FIR alleging that with an assurance that the accused appellant would marry her, he had sexual relationship with her.
A brief reference to the factual aspects would suffice.
It was inter alia numbered as follows .As a matter of fact the poor victim Binita Kumari was put under misconception of fact as promise to marry her by the accused and in this light the accused has done sexual intercourse with her.
Investigation was undertaken and statement of the informant was recorded under Section 164 of the Code of Criminal Procedure, 1973 in short the Code wherein it was accepted that first with a promise of marriage, the accused had physical relationship with the informant and then, had married her.
An application was filed by the present appellant before the trial Court for discharge in terms of Section 227 of the Code.
The accused had done such act with other girls also and further the accused has made a Akrarnama for marriage with the victim.
Since the accused disowned having ever married the informant and much less having ever had any physical relationship with her, she was forced to file the FIR.
3072 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
Arising out of SLP Crl.
When this went on for some time, the informant had been taken to a temple where in the presence of deity he accepted her to be his wife and there was an agreement of marriage entered into.
Challenge in this appeal is to the order passed by a learned Single Judge of the Patna High Court calling in question companyrectness of the judgment of the Additional Sessions Judge, Fast Track Court No.
III, Buxar, in Sessions Trial No.280 of 2004, whereby the application filed by the appellant for discharge was rejected.
