Prashant Kumar Agarwal, J. - Apprehending his arrest, the accused-petitioner has filed this application for grant of anticipatory bail under Section 438, Cr. P.C. in respect of FIR No. 115/2015 registered at Mahila Thana, Jaipur City (North), Jaipur for the offences under Sections 498-A, 376 and 377, IPC. The allegation against the petitioner is that he had sexual intercourse and unnatural intercourse with the complainant without her consent and against her will.
It is to be noted that, although the complainant admits that marriage between her and the petitioner took place in accordance with the ceremony of Arya-Samaj on 9-1-2015, but at the same time it is her stand that legal marriage between them was to be performed in accordance with the social customs and usages, but the petitioner refused to do so. The application filed by the petitioner for grant of anticipatory bail has been dismissed by the Additional Sessions Judge (Women Atrocities Cases) No. 2, Jaipur Metropolitan, Jaipur vide order dated 14-9-2015.
2. It was submitted by the learned counsel for the petitioner that in view of the fact that the complainant is legally married wife of the petitioner of the age of more than 15 years, petitioner was entitled to have sexual intercourse as well as every type of physical relation with her and for the sake of arguments, if the allegations made against the petitioner are taken to be true and correct, even then no offence punishable under Section 376, IPC is made out against the petitioner as the case comes within the four-comers of Exception 2 to Section 375, IPC. It was further submitted that although after amendment in Section 375, IPC w.e.f. 3-2-2013, definition of "rape" has been elaborately widened and not only sexual intercourse by a man with a woman but several other kind of acts are also included within the definition of rape but as per Exception 2 to this provision, sexual intercourse or any other kind of sexual acts by husband with his own wif