SULAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer made in the present petition filed by the petitioner under Section 438 Cr.P.C. is for grant of prearrest bail in case arising out of FIR No.28 dated 9.4.2014 under Section 376 IPC registered at Police Station Bhaini Mian Khan, District Gurdaspur.

(2.) The aforementioned FIR was registered on the basis of statement made by the prosecutrix, aged about 40 years to SI Shanti, Incharge, Crime against Women Cell (Rural), Gurdaspur. She stated therein that she had three minor children. Her husband Malak Singh had died about a year ago. She had three sisters-in-law. The petitioner, who was married to one of her sister-in-law used to rape her after the death of her husband. About two months earlier, she told him that if he again committed any wrong act, she would complain to the police. On 8.4.2014 at about 7.00 p.m., the petitioner came to her house when her children were not at home. He caught hold of her and tried to make her submit forcibly. On her refusal, he assaulted her and tore her clothes. She raised an alarm, which attracted her son Gurpreet Singh and Kulwinder Singh, former Sarpanch of the village, who saved her from the petitioner. The petitioner had caused her some injuries and went away on motorcycle.

(3.) Apprehending his arrest, the petitioner moved the Court of Sessions for the grant of pre-arrest bail but remained unsuccessful as his application was dismissed on 22.4.2014. Hence, the present petition.