RAMLAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned counsel for the accused -petitioner submits that allegations have been made under Sec. 376 IPC but both prosecutrix and the accused -petitioner are married and no divorce, either has been sought by the prosecutrix or by the accused -petitioner. According to the learned counsel first incident is stated in relation to rape is four years old and the prosecutrix is of 32 years of age.

(2.) The learned P.P. has opposed the application and argued that in view of statements recorded under Sec. 164 of Cr.P.C. the accused -petitioner should not be granted bail.

(3.) I have carefully considered the submissions made before me and perused the impugned order.