RAM PAL Vs. STATE OF H P

JUDGEMENT

(1.) Both the bail petitioners have approached this Court, by way of instant bail petitions filed under Section 438 Cr.PC, praying therein for grant of anticipatory bail in case FIR No.3/2018 dated 03.01.2018 registered at Police Station Amb, Distt. Una (H.P.), under Sections 376, 498A, 506 IPC.

(2.) Sequel to order dated 15.01.2018, whereby the bail petitioners were ordered to be enlarged on interim bail, HC Sunil Kumar, Women Police Station, Una, has come present alongwith the record. Mr. Rajat Chauhan, learned Law Officer has also filed status report prepared on the basis of investigation carried out by the Investigating Agency. Records perused and returned.

(3.) Records/Status report reveals that the FIR mentioned hereinabove came to be registered against the bail petitioners at the behest of complainant/prosecutrix, namely, Renu Bala, who on 02.01.2018 in a letter addressed to Dy.SP, Amb, alleged that the bail petitioners threatened her to kill and forcibly developed physical relations with her. Records/status report further reveals that the marriage of complainant/ prosecutrix was solemnized in the year 2003 as per Hindu customs and she has one son who was born in the year 2004. Since relations of complainant/prosecutrix were not cordial with her husband, namely, Ajay Kumar, she after five years of her marriage left her matrimonial house and started living at her paternal house. As per the compliant submitted by the complainant/prosecutrix, ten years back the bail petitioner, namely, Vijay Kumar came to her in her paternal house and extended threats. The bail petitioner asked the complainant/prosecutrix to return Rs. 4.00 lacs spent by him in her marriage. Allegedly the above named bail petitioner brought the complainant/prosecutrix back to her matrimonial house but after some time, both the bail petitioners compelled her to solemnize marriage with bail petitioner Ram Pal. Allegedly on the pretext of marriage, bail petitioner Ram Pal repeatedly sexually assaulted the complainant/ prosecutrix. The complainant/prosecutrix lodged complaint at Police Station, Amb, but the same came to be compromised on 26.12.2017, wherein allegedly the bail petitioner Ram Pal agreed to marry with the sister of complainant/prosecutrix. The complainant/ prosecutrix alleged that since she is an illiterate lady, she did not know that what has been written in compromise. Now, since the bail petitioner Ram Pal has refused to marry with the sister of complainant/prosecutrix, she has lodged present complaint seeking therein action against the bail petitioners in accordance with law. In the aforesaid background, case under Sections 376, 498-A & 506 IPC has been registered against the bail petitioners.