IMPORTANT POINT
The legal principle established is that consent must involve active and reasoned deliberation, and false promises of marriage must be given in bad faith with no intention of being adhered to at the time they were made.

JUDGMENT :

Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. This application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for enlarging the petitioner on anticipatory bail in connection with Dighwara P.S. Case No. 186 of 2022 dated 02.06.2022, registered for offences punishable under Sections 493 and 506 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act, and after further investigation it has been converted into Section 420/376 of Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

3. As per the FIR, the prosecution story is that informant and sister of petitioner were friends and petitioner with his sister used to visit her house and the petitioner proposed to marry with her. The informant asked him to talk with her parents and the parents of informant clarified that they will not give any dowry which was accepted by the petitioner that he will not take any dowry. Petitioner gave a mobile to informant, started talking with her and on false promise made physical relation with her many times. Subsequently, the petitioner refused to marry with her and demanded Rs. 10 lakhs alongwith one bullet motorcycle and other accused persons threatened the informant and her family members of dire consequences if she approach police station or Court. The petitioner is a Jawan in B.S.F.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case with view to harass him. It is submitted that no physical/sexual relationship has taken place between the parties and the marriage was called off not due to demand of dowry but due to arrogance of informant family. The petitioner is working as Constable in the Border Security Force (BSF) for the defence and security of the nation and committed no offence, as alleged. He has developed genuine liking and love for the informant and express his desire to marry her, meeting and talks were held between the families and marriage was almost finalized but on asking about previous failure of marriage talks of informant with some other and a panchayat settlement, the family members of the informant refused to talk and the informant falsely filed the present FIR with mala fide. Further, he submits that petitioner has no criminal antecedent and he is a serviceman in BSF and there is no chance to escape from the legal process of justice. There is no requirement of custodial interrogation of the petitioner as all evidences in the matter has already been investigated and the petitioner undertakes to join and cooperate in the investigation as and when required and called by the investigating agency and/or any authority.

5. Learned counsel for the petitioner has further submitted that even if the claim of the informant that the petitioner had sexual relationship with the informant by getting her consent through the false promise of marriage is accepted, then the same would not amount to rape. They were known to each other for six years. In medical examination of informant, the doctor has not found any recent sexual intercourse. He has referred the decisions of Hon’ble Supreme Court in the matter of Uday vs. State of Karnataka (2003) 4 SCC 46; Shambhu Kharwar vs. State of Uttar Pradesh & Anr. (2022) SCC OnLine 1032 and other judgments in support of his contention.

6. Per contra, learned counsel for the informant has submitted that there is specific and direct allegation against the petitioner that he has on false pretext of marriage, established sexual relations with her and refused to marry her thereafter demanding dowry and he does not deserve anticipatory bail.

7. Learned APP for the State has supported the contention of the informant and has submitted that the conduct of the petitioner and the direct allegation against the petitioner of committing rape on informant which is serious in nature.

8. An offence is punishable under Section 376 of the