RAM NATH AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an application under Section 438 Code of Criminal Procedure seeking anticipatory bail in a case FIR No. 52 dated 15.9.2010 under Sections 376/34 IPC registered at Police Station Naggal, District Ambala.

(2.) Learned Counsel for the Petitioners has urged that Jyoti Luthra is niece of Ram Nath (Petitioner No. 1) and Manmohan Singh (Petitioner No. 2) is nephew of Ram Nath. She was married with Mukesh Luthra on September 29th, 2009. Mukesh Luthra filed a complaint dated December 18th, 2009 (Annexure P-1/T) to the Superintendent of Police, Ambala stating that Petitioners wanted to break his marriage with Jyoti Luthra. The complaint was investigated and the matter was compromised. Thereafter on April 13th, 2010, another application was filed by Mukesh Luthra and the Police recorded statement (Annexure P-2/T) of Jyoti Luthra wherein, she levelled allegations against the Petitioners that they had raped her prior to her marriage while she was residing with them since her childhood as her father died in the year 1991 and mother remarried.

(3.) The complaint (Annexure P/1) was investigated by the Police and by report (Annexure P/3) dated May 31st, 2010, Petitioners were found innocent by the Police but notwithstanding that the present case was registered against the Petitioners.