New Delhi, July 16 – The Supreme Court on Tuesday declined to cancel the anticipatory bail. The bail was granted to a man accused of raping a married woman. She claimed he did this under the false promise of marriage. The Court observed that the complainant herself had engaged in a consensual extramarital relationship.
Justices MM Sundresh and N Kotiswar Singh formed a Bench. They were hearing an appeal challenging the May 21 order of the Patna High Court. This order had granted anticipatory bail to the accused.
The Court noted that the woman was married. She had children when the alleged relationship began in 2016. It observed that despite knowing her marital status, the complainant continued to engage in a physical relationship with the accused.
“Why did you go to the hotels repeatedly on his request? You are a mature person, and you understand the relationship that you were building outside marriage. You have also committed an offence,” the Bench observed during the hearing.
The Court’s comments sparked attention. This is especially significant given that adultery was decriminalised in India by a 2018 judgment. The court ruling struck down Section 497 of the Indian Penal Code as unconstitutional.
According to the complainant, she met the accused through social media in 2016. She alleged that in July 2022, she was called to a rest house in Sultanganj, where she was drugged and sexually assaulted. The man allegedly used objectionable videos and images to coerce her into maintaining the relationship, promising marriage.
Under pressure, the woman claimed to have filed for divorce in 2024, which was granted in March 2025. However, the accused later allegedly disowned the relationship and refused to marry her. She also accused him of assault and criminal intimidation when she visited his house in March.
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The First Information Report (FIR) was lodged on April 3, 2025, invoking sections of the Bharatiya Nyaya Sanhita, 2023. A Sessions Court in Jamui had earlier denied anticipatory bail. However, the High Court granted relief under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court cited the consensual nature of the relationship post-divorce.
The woman moved the Supreme Court against the High Court’s ruling, alleging coercion and exploitation were ignored. However, the apex court refused to interfere, effectively upholding the High Court’s decision.
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