Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Rape case—FIR registered under Section 376 of the IPC and Section 4 of the Dowry Prohibition Act—Case of prosecution itself that alliance of petitioner with prosecutrix was approved by family of petitioner after the prosecutrix met petitioner's mother—Engagement was fixed after horoscopes of petitioner and prosecutrix matched—Engagement function was attended by 200 relatives from both sides and even the date of marriage was fixed—Petitioner by sending a message called off the engagement—Reason for calling off the marriage is not relevant at this stage—Even presuming the allegation of sexual relations being established by petitioner with prosecutrix on the promise of marriage to be correct, it cannot be said that petitioner had no intention to marry the petitioner from the inception or that petitioner had made any false promise of marriage to deceive the prosecutrix—Petitioner has made out a case for grant of bail—Application allowed.
[Para 21 to 26]