JUDGMENT

Ahsanuddin Amanullah, J. - Heard Dr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Ajit Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Rafiganj PS Case No. 290 of 2019 dated 19.12.2019, instituted under Section 366 (A) of the Indian Penal Code.

3. The allegation against the petitioner, though not named in the FIR is of enticing the minor daughter of the informant.

4. Learned counsel for the petitioner submitted that after the so-called victim was recovered, she has made statement before the Court under Section 164 of the Code of Criminal Procedure, 1973 in which she has stated that it was another co-accused Ashutosh with whom she was told that she would be married and it is also alleged that he committed rape, but with regard to the petitioner the only allegation is that he took the victim to Ashutosh. Learned counsel submitted that there was love affairs between the parties and even in her statement, it has been stated that Ashutosh had taken her to Surat and had left her there after the case was registered and from there she was recovered. It was further submit