P.K.LOHRA,J. - (1.) Arrested in furtherance of investigation into C.R. No. 151/2016 of Police Station Kolayat (Bikaner) for offences under Sections 376, 323, 341/34 and 450 IPC, accused petitioner has laid this bail application under Section 439 Cr.P.C., 1973
(2.) Succinctly stated, the facts of the case are that on 5th of August, 2016 at 07:30PM complainant Ms."J" along with her father submitted a written report before the Superintendent of Police, Bikaner, inter-alia, alleging therein that about six months back when she was all alone at her home, as her mother had gone to her maternal house, brother Rahul went to school and father was on shop, at about 11:00AM petitioner-her uncle (Tau) came there and after catching hold of her committed the rape. The report further unfurls that complainant was threatened by the petitioner with dire consequences not to disclose the incident to anyone. After arrival of her mother, complainant divulged the entire episode to her, besides other family members, and approximately after 15-20 days of the incident a meeting was arranged at the resident of Ganesh Mal where accused apologized for his dubious conduct and thereupon the members of complainant's family decided to sever their social relationship with the petitioner and his family.
(3.) The complaint further reveals that the trauma of incident of rape had a great impact on the psyche of the complainant, and therefore, eventually she decided to prosecute petitioner. Thereafter, on 3rd of August, 2016, complainant prepared herself to lodge report but family members of the petitioner, relatives and neighbours dissuaded her on some pretext by allegedly citing remorse shown by him (petitioner) for his conduct, however, as per report when the complainant declined their request they went on rampage by inflicting serious blows to her mother, father and brother. The report was registered as C.R. No. 151/2016 at Police Station Kolayat (Bikaner) wherein petitioner was castigated for the aforesaid offences. Pursuant to the report, police commenced investigation and recorded statements of the complainant under Sections 161 Cr.P.C., 1973 as well as 164 Cr.P.C. and she was subjected to medical examination. During the course of investigation, petitioner was apprehended and remanded to judicial custody.;