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2015 Supreme(Raj) 716

PRASHANT KUMAR AGARWAL
Yashasvi Kant Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: A.K. Gupta.
For the Respondent: Prakash Thakuria.

ORDER :

Prashant Kumar Agarwal, J.

Apprehending his arrest, the accused-petitioner has filed this application for grant of anticipatory bail under Section 438, Cr. P.C. in respect of FIR No. 115/2015 registered at Mahila Thana, Jaipur City (North), Jaipur for the offences under Sections 498-A, 376 and 377, IPC. The allegation against the petitioner is that he had sexual intercourse and unnatural intercourse with the complainant without her consent and against her will. It is to be noted that, although the complainant admits that marriage between her and the petitioner took place in accordance with the ceremony of Arya-Samaj on 9-1-2015, but at the same time it is her stand that legal marriage between them was to be performed in accordance with the social customs and usages, but the petitioner refused to do so. The application filed by the petitioner for grant of anticipatory bail has been dismissed by the Additional Sessions Judge (Women Atrocities Cases) No. 2, Jaipur Metropolitan, Jaipur vide order dated 14-9-2015.

2. It was submitted by the learned counsel for the petitioner that in view of the fact that the complainant is legally married wife of the petitioner of the age of more t







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