"Shall Not Move In Vicinity Of Prosecutrix": MP HC Grants Anticipatory Bail To Man Accused Of Raping Live In Relationship Partner

The Madhya Pradesh High Court on Wednesday granted anticipatory bail to a man accused of raping his live in relationship partner on the promise to marry her by imposing the condition that he shall not move in her vicinity or be a 'source of embarrassment or harassment' to her.

A single judge bench comprising of Justice Anand Prakash granted bail to the accused subject to furnishing of a personal bond of Rs.50,000 with two sureties of like amount.

"He shall not move in the vicinity of prosecutrix and shall not be a source of embarrassment and harassment to her in any manner." One of the conditions read.

An anticipatory bail application was filed in the High Court by a man apprehending arrest in connection with an FIR registered under sec. 376(2) (n) of IPC.

It was thus the case of the accused that him and the prosecutrix were living in a live in relationship for almost a year and that the case was just a counter blast litigation after the accused had proceeded to marry another girl.

It was thus submitted that the offence of rape prima rape prima facie cannot be made out on the basis of promise of marriage and here the parties lived as couple in live-in relationship.

On the other hand, it was submitted on behalf of the prosecution that the live in relationship was continued on the bonafide belief of marriage and that the prosecutrix had been cheated by the accused person.

Hearing the aforesaid submissions, the Court ordered thus:

"It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with two solvent sureties of the like amount in which one shout be local of State of M.P. to the satisfaction of Investigating Officer/Investigating Agency."

"The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be." The Court said.

Title: Mayank Tiwari Vs. State of M.P.

Click Here To Read Order