MUNNI EFFA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This revision is directed against the order dated 28-10-2019 passed by the learned Sessions Judge, West Sessions Division, Yupia, Papumpare, Arunachal Pradesh in Anticipatory Bail Application No. 112/2019.

(2.) The facts giving rise to the present revision are that :- An FIR was lodged on 13-10-2019 by the petitioner with Women Police Station, Itanagar. It was alleged in the FIR, that the petitioner was working at Primary Health Centre, Bameng as In-Charge Medical Officer. On 12-10-2019, the respondent No. 2, herein, who was an MLA from Bameng constituency called her to discuss about certain issues relating to Bemeng Primary Health Centre and accordingly, she came to PXBSS hotel as per direction of the respondent No. 2. The victim was called to the hotel room by the respondent No. 2, where instead of discussing the issue of the primary health centre, the respondent No. 2 insisted her to consume liquor and forcibly committed rape on her. She was also assaulted by the respondent No. 2 on her raising objection to the sexual activities. On the basis of the said FIR, police registered Itanagar P.S. case No. 83/2019 u/s 376 (1)/354/506 IPC. Having come to know about the registration of police case, the respondent No. 2, herein, filed an application u/s 438 CrPC before the learned Sessions Judge, West Sessions Division, Yupia, Papumpare, Arunachal Pradesh, which was registered as A.B. No. 112/2019. Learned Sessions Judge initially granted interim pre-arrest bail by order dated 16-10-2019. Thereafter, the impugned order dated 28-10-2019 was passed, whereby the interim order of pre-arrest bail was made absolute.

(3.) Aggrieved by the order of pre-arrest bail, the informant/petitioner has preferred the instant application u/s 397 read with Section 401 as well as Section 439 (2) and 482 CrPC praying for setting aside the impugned order and cancellation of the pre-arrest bail granted to the respondent No. 2.