RAM SINGH @ ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Tersely, the facts & material, culminating in the commencement, relevant for deciding the instant petition for regular bail and emanating from the record, are that the prosecutrix (name withheld) aged 40 years, was residing separately as she had dispute with her husband Joginder Pal. The matrimonial dispute is stated to be pending between them. On 19.8.2012 at about 2 PM, petitioner-accused Ram Singh alias Ashok Kumar son of Kashmiri Lal was stated to have entered into her house and committed rape without her consent. According to the prosecutrix, he has also threatened her with dire consequences in case she has disclosed this fact to any person. In the background of these allegations and in the wake of complaint of the prosecutrix, a criminal case was registered against the petitioner-accused, vide FIR No.294 dated 19.8.2012 (Annexure P1), on accusation of having committed the offences punishable under sections 323, 451, 376 and 506 IPC by the police of Police Station Nissing, District Karnal.

(2.) Now the petitioner-accused has preferred the present petition for regular bail in the indicated criminal case, invoking the provisions of Section 439 Cr.PC.

(3.) Notice of the petition was issued to the State.