Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Cohabitation caused by a man deceitfully inducing a belief of lawful marriage and commits rape repeatedly on the same woman—Offence registered under Sections 493 and 376(2)(n) of IPC—Submission that appellant had married the prosecutrix (second respondent) at the age of 47 years, and it was the third marriage of both the parties i.e. the appellant and the prosecutrix—Further submission that appellant had joined the investigation after he was granted protection against his arrest by the Apex Court—Prosecutrix has objected to the granting of the anticipatory bail to the appellant by submitting that the appellant had cheated her under the pretext of marriage—Charge-sheet has already been filed—Appellant ordered to be released on anticipatory bail on such terms and conditions that may be imposed by the trial court—Appeal allowed.
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