IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48906 of 2007 FAKIRA SAH, SON OF LATE RAM BRIKSH SAH, RESIDENT OF VILLAGE BASUKI BIHARI TOLA, BABHANPATTI, P.S. MADHAWAPURI, DIST. MADHUBANI. …PETIIONER Versus 1. STATE OF BIHAR 2. SMT. SUDHA DEVI, WIFE OF KAILASH THAKUR RESIDENT OF VILLAGE BASUKI BIHARI TOLA, BABHANPATTI, P.S. MADHAWAPURI, DIST. MADHUBANI. …OPPOSITE PARTIES ----------- 03. 25.03.2010 Heard counsel for the parties. The petitioner is facing charge/accusation punishable under section 376 IPC. Opposite party No.2 lodged a complaint(later treated to be an FIR), alleging therein that in the night of 6.2.2006 while she was sleeping inside the house, the petitioner tip-toed into the room and committed rape upon her. When an alarm was raised by the victim, the petitioner escaped. The investigation was taken up whereafter the charge-sheet was submitted and cognizance of the offence was taken. The petitioner filed an application under section 227 of the Code of Criminal Procedure in the trial court seeking discharge. The ground(s) for discharge pleaded before the court below as is evident from the impugned order is/are that the complainant/informant got married with him(petitioner). The wedlock produced a son. Learned counsel for the petitioner drew attention of the Court to several documents placed on record in order to show that the petitioner figures as the father of the son, whereas the complainant/informant figures as the mother of the newly-born child/son. - 2 - The learned court below after considering the submissions, has found and held that the materials on record justify proceeding with the trial. The plea of the petitioner taken in this petition, shall be considered appropriately at the trial. This Court finds no infirmity in the said finding recorded in the impugned order. The application has no merit which is accordingly dismissed. hr ( Kishore K. Mandal )