LAWS(MPH)-1999-8-87

UMARDEEN Vs. STATE OF M.P.

Decided On August 09, 1999
UMARDEEN Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) BEING apprehensive of arrest in connection with crime No. 43/99 instituted for an offence punishable u/s 376 of IPC the petitioner has approached this Court for grant of anticipatory bail.

(2.) IT is submitted by the learned counsel for the petitioner that on a perusal of the statement of the prosecutrix, it is graphically clear that the allegations relate to two years back from the date of lodging of the FIR and it reveals that the petitioner used to have sexual intercourse with the prosecutrix as a result of which she became pregnant and later on she got her married with one Kamaruddin belonging to the State of Haryana and hence, no offence of rape is conceivable. It is further putforth by him that the petitioner was instrumental in killing of the illegitimate child of the prosecutrix and her matrimonial home is also unbelievable.