- (1.) Heard the learned Counsel appearing for the petitioners and the learned A. P. P. appearing for the State.
(2.) The petitioners, who are accused for offence under Sections 376/379/323 and Section 34 of the Indian Penal Code, pray for anticipatory bail expressing apprehension of their arrest in connection with Barhi P.S. Case No. 62 of 2008.
(3.) Learned Counsel appearing for the petitioners submits that it is the case of the prosecution that the informant had married Vijay Swarnkar in the year 2001, but he committed suicide in the year 2002, after one year of the marriage for the reason that he was tortured by these petitioners and thereafter, petitioner No. 1-Gotni of the informant and her husband-petitioner No. 2. assured the informant that they will get her married with the petitioner No. 3-the youngest brother of the deceased and, accordingly, petitioner No. 3 went on having sex with her, but ultimately, he refused to marry her and married another girl and, therefore, these petitioners have been alleged to have committed offence under Section 376 of the Indian Penal Code, though none of the petitioners, can be said to have committed offence, as has been alleged, even if the entire allegations, made in the first information report, are taken to be true, as the informant was having sex with the petitioner No. 3 with her consent and so far petitioner Nos. 1 and 2 are concerned, there has been no such allegation and as a matter of fact, this case is an outcome of a property dispute as the complainant is insisting on for partition of the properties.;