VINOD KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vinod Kumar, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 06 dated 14.02.2012 at Police Station Sadar Hoshiarpur, District Hoshiarpur, for an offence punishable under section 376 IPC.

(2.) It is a case got registered by Girja Prasher against the petitioner Vinod Kumar for having raped her. The facts, in brief, are that the complainant had been living with Vinod Kumar, the petitioner for the last five years as his wife and that now he had married someone else and on account of the same, this case has been got registered.

(3.) Learned counsel for the petitioner has submitted that no offence under section 376 IPC is made out in this case. According to him, as per the very allegations in the FIR, the sexual intercourse between the petitioner and the complainant was with the consent of the complainant.