IMPORTANT POINT
The legal point established is that a false promise leading to sexual intercourse and breach of promise can constitute a prima facie case of kidnap, rape, and cheating under the Indian Penal Code.

JUDGMENT

1. This petition has been filed by the petitioner under Section 438 Cr.P.C. seeking to grant anticipatory bail in the event of his arrest in connection with FIR No.26(12)2021 under Section 366/376/417 IPC on the file of the Women Police Station, Bishnupur.

2. The case of the prosecution is that the victim lodged a complaint before the Women Police Station, Bishnupur stating that she and the petitioner have been in relationship for around 10 years and eloped on 22.11.2018 and they had sexual intercourse on the pretext of fake promise by the petitioner to marry her and even after their elopement, the petitioner raped her saying that he and the victim are now couple who are legally married by Court marriage. Based on the complaint lodged by the victim, the Women Police Station, Bishnupur registered a case in FIR No.26(12)2021 under Section 366/376/417 IPC against the petitioner.

3. According to the petitioner, he might be arrested by Women Police Station, Bishnupur at any moment and his father was granted anticipatory bail by the learned Sessions Judge, Bishnupur in the said case. According to the petitioner, he never committed any offence of kidnap, rape and cheating as alleged by the complainant/victim and in fact pursuant to the complaint, the petitioner and his father were called for the Bishnupur Women Police and they were attended and have given statements and fully co-operated with the investigating officer. Since the petitioner apprehend arrest from the hands of the respondent Police, he prayed for anticipatory bail.

4. Opposing the petition, the respondent police filed objection stating that based on the complaint lodged by the complainant, the investigating officer conducted investigation and the investigation reveals that the petitioner had kidnapped the victim girl without her consent and regardless of her unwillingness in the elopement, she was even made to sign an affidavit by befooling her for registered marriage and induced into sexual intercourse on the pretext of legally wedded wife and raped the victim while cheating her until he eloped with another girl. It is stated that in due course of investigation, the petitioner might have concealed with the facts and circumstances of the offence against the victim. Therefore, he is required to be arrested and keep into police custody for a thorough examination so as to extract more relevant information. The grant of anticipatory bail in favour of the father of the petitioner is not a ground in seeking anticipatory bail in favour of the petitioner. Thus, prayed for dismissal of the petition.

5. Mr. Th. Jugindro, the learned counsel for the petitioner submitted that the petitioner is in love affairs with the victim from the year 2014 till 2018 without any objection and obstacle from any corner and that they had spent a lot of time and have shared all the life ups and down and, as such, they decided to elope and settle the rest of the life as legally husband and wife at their accord. He would submit that on 22.11.2018 both the petitioner and the victim decided to elope and no other persons helped them in their plan for eloping. On the day of their eloping, the petitioner was staying in a rented house at Keishamthong Top Leirak and they were scared of telling their elopement news to their parents, but they spend the life time memories together happily. He would submit that surprisingly, on the same day of elopement, the parents of the victim came to the house of the petitioner at Thoubal to enquire about their daughter's whereabouts at about 10 p.m. and at that time, the parents of the petitioners were sleeping but woke up when they heard the hue and cry sounds of girl parents. At that time, the parents of the petitioner was also astonished to hear the news and politely asked the parents of the victim to settle the issue amicably and after some conversation, the parents of the victim left the house of the petitioner without uttering any arguments.

6. The learned counsel