LAWS(HPH)-2020-11-36

LOHARI RAM Vs. STATE OF H. P.

Decided On November 10, 2020
Lohari Ram Appellant
V/S
STATE OF H. P. Respondents

JUDGEMENT

(1.) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail of petitioner in case FIR No. 243 of 2020, dated 14.7.2020, registered under Sections 376 and 506 of Indian Penal Code (hereinafter referred to as 'IPC') in Police Station Balh, District Mandi H.P.

(2.) Status report stands filed. Investigation record was also summoned and perused.

(3.) It is stated in status report that on 14.7.2020, prosecutrix had submitted her statement stating therein that no child has born during one year of her matrimonial life because of her health problem, and it has been told to her that it is because of curse of Narsingh (Devta) (local Deity). Further that her sister-in-law had informed her that one Tantrik namely Lohari Ram (petitioner), resident of village Dhunda Thana used to treat such disease, whereupon on 9th July, 2020, she, after taking permission of her family members, came to Dhunda Thana and met petitioner at his residence. His wife Purno Devi was also there. She had explained her problem to petitioner/accused, who, had assured to resolve her problem, but with condition that she had to reside there for two months and two days to drink water given by him, for which, she had agreed. Thereafter, petitioner had provided a bed to her in his room, separate to the bed of petitioner. Next day, on 10th July, 2020, at 7 AM, petitioner had given water to her for consumption and had told that after one hour, she had to have intercourse with him, for which, she had refused. But after one hour petitioner had violated her forcibly after bolting both doors. During that night, her husband had come to the place and stayed with her, whereas petitioner had gone somewhere else to sleep, but, she did not disclose the incident to her husband for the reason that petitioner had asked her not to disclose the same.