[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3123 OF 2008 WITH CRI.APPLN.NO.544 OF 2008 Rakesh Lilaram Rohira ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Pankaj J. Das Advocate for Applicant Mr.V.B.Konde-Deshmukh APP for the State Mr.R.B.Singhani Advocate for Original Complainant ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 26, 2008 DATE : SEPTEMBER 26, 2008 DATE : SEPTEMBER 26, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant, the learned advocate for the original complainant, the learned A.P.P. for the State and the complainant who is present in Court. 2. The applicant is seeking anticipatory bail in CR No.I-392 of 2008 of Powai Police Station, Mumbai. The said case is mainly under Section 376 of IPC. 3. The applicant is apprehending arrest in [-2-] connection with complaint filed by his wife-Priyanka. The wife of the applicant had earlier filed FIR bearing No.I-215 of 2008 at Nasik Road Police Station. The said case is under Sections 498-A and 406 of IPC. The applicant himself had also lodged FIR against his wife Priyanka bearing CR No. 197 of 2008 of Powai Police Station. The said case was under Sections 420, 465 and 468 of IPC. The applicant preferred an application for anticipatory bail in CR No. I-215 of 2008 and his wife Priyanka preferred application for anticipatory bail in CR No. 197 of 2008. Both the matters came up for hearing on 12.8.2008. At that time, both husband and wife appeared before this Court and the present complainant Priyanka specifically stated that she did not wish to continue with the prosecution of FIR under Section 498-A and 406 of IPC. The applicant was to deposit amount of Rs.5 lakhs in this Court within four weeks and the said amount was to be transferred to the Family Court as and when the proceedings are instituted by any of the parties. 4. Both the C.Rs. i.e. C.R.Nos. 1970 of 2008 [-3-] and 215 of 2008 came to be quashed by this Court by order dated 12.8.2008, however, at that time, the complainant-wife did not inform the Court that she had also lodged the present CR No.I-392 of 2008 at Powai Police Station alleging offence of rape against the applicant who is her husband. This fact was suppressed by the wife. At that time, the applicant was also not aware that such an FIR had been lodged by his wife against him. This Court as well as the applicant proceeded on the basis of the fact that only the above mentioned FIRs i.e. CR.No.197 of 2008 of Powai Police Station and CR No.I-215 of 2008 of Nasik Road Police Station, had been lodged by them against each other. The wife got the C.R. against her quashed knowing that her husband would still have to face prosecution under Section 376 of IPC. 5. I have perused the FIR lodged by the wife in CR No.I-392 of 2008. It is seen that the complainant-wife willingly accompanied her husband i.e. present applicant and stayed with him in a lodge. She alleges that her husband raped her in the said lodge. It appears that the complainant has lodged a false FIR against the [-4-] applicant-husband in view of the strained relations between the parties. According to the complainant, the incident has taken place between 13.6.2008 to 15.6.2008, however FIR is dated 16.7.2008. It is the case of the complainant that she had earlier given written complaint to the police on 24.6.2008. Even assuming that the complaint was given by her on 24.6.2008, it is seen that there is inordinate delay in lodging the complaint. No plausible explanation has been given for the delay in lodging the FIR. It appears that the said complaint has been falsely lodged by way of an after thought. It also appears that the wife is in the habit of lodging false cases against her husband and others. In this view of the matter, I am inclined to grant anticipatory bail to the applicant in CR No.I-392 of 2008 of Powai Police Station. 6. In the event of arrest in CR No.I-392 of 2008 of Powai Police Station, the applicant-Raksh Lilaram Rohira be released on bail in the sum of Rs.10,000/- (Rs. ten thousand only) with one or two sureties to make up the said amount. The applicant is attending Powai Police Station since 22.9.2008. He shall further report to Powai Police [-5-] Station, Mumbai from 11 a.m. to 2 p.m. for a period of four days. 7. In the order dated 12.6.2008, it is mentioned that Rs.5 lakhs was to be deposited by applicant husband within four weeks and if the amount is not deposited within the said time, the order dated 12.8.2008 shall stand cancelled. The learned advocate for the applicant submitted that the applicant was ready and willing to deposit the said amount, however, he suddenly came to know about lodging of CR No.I-392 of 2008 which was filed by the wife of the applicant against him under Section 376 of IPC. As this case was not known to him, he had agreed to deposit Rs.5 lakhs earlier, however, after he came to know about registration of this offence, he has preferred the application i.e. Criminal Application No.544 of 2008 for dispensation of the said condition of depositing Rs.5 lakhs. 8. On 12.8.2008, when the order was passed by this Court the wife with malafide intention suppressed the fact that she had also lodged an FIR against the husband under Section 376 of IPC. In view of the fact that the applicant came to know about [-6-] registration of CR No.I-392 of 2008 after the order was passed by this Court, no fault can be found with the applicant for not depositing the amount within the stipulated time. Looking to the facts stated above, the said condition of depositing Rs.5 lakhs is deleted. As the complainant wife got the case against her quashed by suppression of facts, the order quashing the case against her is set aside. However, the order quashing CR I-215 of 2008 of Nasik Road Police Station against the applicant and other accused is maintained. 9. However, though the order quashing CR No.197 of 2008 of Powai Police Station against the wife is set aside for the reasons stated above, I am inclined to grant her anticipatory bail in the said C.R. 10. In the event of arrest, Priyanka Rakesh Rohira be released on bail in the sum of Rs.10,000/- (Rs. ten thousand only) with one or two sureties to make up the said amount. She is directed to report to Powai Police Station from 11 a.m. to 2 p.m. starting from 1.10.2008 and thereafter she shall report once in a month till the conclusion of the [-7-] trial. 11. Both these applications are disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]