to the Court under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) she has stated that she had gone to Biharsharif with her mother where the petitioner had come and then alone with the petitioner she had gone to some hotel where also it is alleged that the petitioner had intercourse, it cannot be believed that a mother would leave and allow her young daughter to go alone with somebody. Learned counsel drew the attention of the Court to Annexure-3, which is copy of a petition filed by the informant before the Chief Judicial Magistrate, Nalanda in the present case, in which she has negated the allegations which have been levelled in the FIR and has also stated that she does not want to pursue the case and has expressed her desire that the petitioner be released on bail. Learned counsel submitted that no element of rape is made out against the petitioner and he has been falsely implicated as the family members of the informant wanted him to marry her and upon refusal this false case has been filed. It was submitted that the petitioner is in custody since 27.02.2020.
