Madhya Pradesh High Court
Madhya Pradesh High Court
Litigation News

Rape on the pretext of marriage: MP HC allows 2 months' bail for solemnisation of marriage between rape-accused and complainant

The rape-accused is alleged to have prompted the complainant to get a divorce. Following the divorce, the complainant alleged that the accused backed out of his promise to marry, leading to the filing of the rape case.

Meera Emmanuel

The Madhya Pradesh High Court recently allowed temporary bail to a man accused of having committed rape on the pretext of marriage, so that the marriage between him and the complainant could be solemnised.

The man had been arrested in February 2020 on the complainant's allegation that he had raped her on the pretext of marriage. The Court was told that the complainant and the rape-accused had started a physical relationship in 2017, at which point of time the complainant was married to someone else.

The rape-accused is alleged to have prompted the woman to get a divorce. Following the divorce, the complainant stated that the accused backed out of his promise to marry, leading to the filing of the rape case.

However, the High Court was informed that the families of both parties have now agreed to solemnise the marriage. An affidavit to this effect was also filed by the complainant in the High Court.

In view of the same, Justice SK Awasthi on Thursday allowed the accused interim bail for a two month period, in order to allow him to get married to the complainant. The Court's order reads,

"Looking to the fact that the appellant and the prosecutrix are major and now they are ready to solemnize marriage. In these circumstances, present appeal is allowed in part and the appellant is granted temporary bail for a period of two months from the date of his release so that during this period the appellant can solemnize the marriage with the prosecutrix."


The accused was directed to be released on bail on the execution of personal bond of Rs.50,000 with a solvent surety in the like amount.

Advocate Surendra Tuteja appeared for the appellant/accused. The State was represented by counsel, S Vyas.

Read the order:

Mandhya Pradesh HC order.pdf
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