Supreme Court upholds bail of accused man in false rape case; slams married woman for extramarital affair and questions her consent and credibility in alleged promise of marriage.
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NEW DELHI: In a crucial ruling, the Supreme Court on Wednesday upheld the anticipatory bail granted to a man accused of rape on the pretext of marriage.
However, the Court’s strong observations directed at the complainant, a married woman, warned her that she might be liable for prosecution for having physical relations outside of her marriage, which caught widespread attention.
Background of the Case
According to the case details, the two met in 2016 through social media and began a relationship while the woman was still legally married.
She claimed she filed for divorce under pressure from the man, which was granted by a family court in March 2024. Following this, she proposed marriage to the man, but he refused. In retaliation, she filed a complaint with the Bihar police, alleging that he had exploited her sexually by falsely promising to marry her.
The Patna High Court had earlier granted the man anticipatory bail, noting that there was no evidence of sexual activity between the two after the divorce was finalized.
Apex Court’s Observation
Agreeing with the High Court’s rationale, the Supreme Court declined to cancel the anticipatory bail and, instead, emphasized the woman’s own culpability in the matter.
A bench comprising Justices M M Sundresh and N Kotiswar Singh was hearing a plea filed by the woman seeking cancellation of anticipatory bail granted to the accused by the Patna High Court.
During the hearing, the woman’s counsel submitted that the man had continued to maintain physical relations with her on the false promise of marrying her.
However, the Supreme Court noted that the complainant was a mature individual, a mother of two, and had knowingly engaged in an extramarital affair. The Apex Court remarked,
“You are a married woman and you have two children. You are a mature person, and you understand the relationship that you were building outside marriage.”
The Court appeared unconvinced by the argument that the woman was misled. When the counsel pointed out that the accused had called her to hotels multiple times, the bench questioned her repeated consent and participation in such meetings. The judges observed,
“Why did you go to the hotels repeatedly on his request? You very well understand that you also have committed an offence by having a sexual relationship outside the marriage”.
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