BANWARI AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application under Sec. 438 Crimial P.C. has been preferred on behalf of the petitioners seeking pre-arrest bail in connection with F.I.R. No.129/2014 registered at Police Station Ramsinghpur, District Sriganganagar for the offences under Sections 341, 323, 324, 376(D) IPC.

(2.) Facts in brief are that a complaint was filed by the complainant Mst.'S' in the court of learned Additional Chief Judicial Magistrate, Anoopgarh on 4.7.2014 alleging interalia that she was a resident of Chak 12 GM Gomawali. On 25.6.2014 she was alone at her house. Her husband had gone for doing labour job. Seeing her alone, Subhash entered into her house and committed rape with her. She was threatened that if she disclosed about the incident to anybody, she would be done to death and thus, fearing harm, she did not report the matter. On 28.6.2014 when she went to the fields for fetching fire wood, Subhash again caught hold of her and committed rape with her. Banwari also committed rape with her. She received injuries as the accused assaulted her after subjecting her to rape. The complaint was forwarded to the Police for investigation under Sec. 156(3) Crimial P.C. where FIR No.129/2014 was registered and investigation commenced. The petitioners apprehending arrest have approached this Court by way of the instant application for pre arrest bail.

(3.) Learned counsel for the petitioners submits that the complaint lodged by the complainant is patently false. She as a matter of fact had quarrelled with her husband. Her husband thrashed her up suspecting that she was of loose character and was carrying on with Banwari and went away to her maternal home. She also filed a complaint against her in laws on 29.6.2014. Thereafter, the matter was patched up between the husband and wife and subsequently, the complainant has filed the false complaint against the petitioners. He, therefore, prays that the petitioners deserve to be released on anticipatory bail.