PRATAP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has sought anticipatory bail in case FIR No. 147 of 2016, under Sections 376, 417, 342, 323 and 506 IPC and Section 4(w)(1) of SC/ST Act at Police Station, Solan, District Solan, H.P.

(2.) The respondent has produced the records of the investigation and has also filed the status report.

(3.) What emerges from the records of the investigation is that the parties are not strangers and it is the allegation of the prosecutrix herself that she has been having physical relationship with the accused for the last six years. The version of the prosecutrix for having given physical access to the petitioner is that he had promised to solemnize marriage with her and it is on account of this promise that she had been bearing all the sexual atrocities committed up upon her by the petitioner. However, now the petitioner has not only backed out, but it has transpired that the petitioner was already married and his wife even threatened the prosecutrix.