5543 - Whether anticipatory bail can be granted to husband committing Rape on his wife? S.B. Criminal Misc. Bail Application No. 12230 of 2015, 30.10.2015, HIGH COURT OF RAJASTHAN (JAIPUR BENCH), Thanks to Law Web

Even if for the sake of arguments, it is held that the alleged act of the petitioner does not amount to rape even under the aforesaid amended provision by the reason that the complainant happens to be his wife, but his act prima facie amounts to an offence under Section 377, IPC which provides for voluntary carnal intercourse against the order of nature with any woman also. In my considered view, any woman includes wife of a man also more particularly in view of the fact that in this provision, there is no such exception as provided in Section 375, IPC. Consequently, looking to the gravity of the offence, but without expressing any final opinion on the merits and demerits of the case, I do not find it a fit case in which anticipatory bail is to be granted to the petitioner. The application for grant of anticipatory bail under Section 438, Cr.P.C. is, hereby, dismissed

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