Crl.M.No.M-34083 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-34083 of 2010 (O&M) Date of Decision: November 19, 2010 Jaswinder Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Mandeep Sodhi, Advocate for the petitioner. ..... RAM CHAND GUPTA, J.(Oral) Crl.M.No.60527 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-34083 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.124, dated 29.8.2010, under Sections 376, 506, 120-B IPC, registered at Police Station Rampura, District Bathinda. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, (FTC-II), Bathinda, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed. Petitioner is admittedly a married person. As per allegations, he had taken away prosecutrix and committed rape upon her on the promise of marriage and also solemnised Anand Karaj ceremony with her while she was under the influence of intoxicant. When petitioner was already married, the second marriage performed by him without taking divorce from his wife is not valid in the eyes of law. Rape was committed upon the prosecutrix by the petitioner by misrepresenting regarding the factum of his earlier marriage and hence the Crl.M.No.M-34083 of 2010 (O&M) -2- consent, if any, cannot be said to be a valid consent. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. In view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Jaswinder Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 19.11.2010 (Ram Chand Gupta) meenu Judge