R. K. DASH, J.

( 1 ) THE petitioner, presently holding a high office as the Advocate General of Orissa, by filing the present petition under Section 438, Cr. P. C. has prayed that in the event of arrest by the Police in a case instituted by one Anjana Misra (hereinafter referred to as 'prosecutrix') under Sections 354 and 376/511, IPC, he may be ordered to be released on bail.

( 2 ) FOR better appreciation of the case, a few facts need be stated. The prosecutrix, wife of an I. F. S. (Indian Forest Service) officer and daughter of a retired Chief Engineer, has been staying in 'basundhara', a place of shelter for destitutes situated in Cuttack town. Her merital abode is in troubled water for quite some time. It is alleged that she has been subjected to constant torture, both mentally and physically, by her husband, husband's brother and other family members. Besides, her parents have also denied their love and affection and refused to give her shelter. She was got admitted in the Central Institute of Psychiatry, Kanko, by her husband with a view to create evidence that she was a mentally deranged lady, though in fact she was not. She remained in the said institute for a considerabl