SURENDRA PATHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking anticipatory bail in connection with C.R.No.145/19 registered with Chandan Nagar Police Station, Pune City, under sections 376, 377, 498-A, 406, 504, 323, 506 r/w 34 of the Indian Penal Code.

(2.) The FIR is lodged by the prosecutrix on 06/04/2019. She has stated that she got married with her husband on Nesarikar 30/11/2008. She has mentioned that she was reluctant to get married with him, but she was persuaded by her parents. Her parents had spent a substantial amount at the time of marriage. She further mentioned in her FIR that her husband was illtreating her and was assaulting her on petty issues. She was sometimes assaulted on very small matters. On one occasion, her head was banged on a cupboard, due to which she had suffered a bleeding injury. According to the first informant, her husband was having an extra-marital affair.

(3.) The present Applicant is the brother of her husband. In the FIR it is mentioned that even the present Applicant used to illtreat her. In her FIR there are allegations against her husband regarding unnatural sex and forcible intercourse etc. Insofar as the present Applicant is concerned, it is her case that in the last week of July 2013, her husband had gone out of station. At that time, in the midnight, the Applicant committed rape on her. Her young daughter of 3 years of age was in the room. On the next day, when she complained about the incident to her in-laws, they simply ignored her. It is her case that even thereafter the Applicant committed rape on her on many occasions and he has even recorded one of such incidents. It is her case that on the threat of publishing that recording, he continued committing rape on her on various occasions. It is her case that, she could not inform her parents about this, because she was under the threat issued by the Applicant that the video recording would be made public. It is her further case that she became pregnant because of such incidents of rape and at that time her husband assaulted her. Due to the assault, her pregnancy was terminated. She has further mentioned in her FIR, that in August 2016, the present Applicant, at the Gun point made her sign divorce papers. Based on these allegations, the FIR was lodged.