Supreme Court Criticises Married Woman in Bail Plea, Highlights Accountability in Extra-Marital Affair

 In a strongly worded observation, the Supreme Court on Wednesday criticised a married woman for engaging in a sexual relationship outside her marriage and cautioned her that she could be liable for prosecution. The court also noted that the man involved, who had allegedly promised to marry her, bore responsibility for his actions but upheld his anticipatory bail.

According to a report in The Times of India, the woman had approached the apex court seeking cancellation of anticipatory bail granted to Ankit Barnwal, whom she accused of sexually exploiting her under the false promise of marriage. However, the court expressed reservations about her claims, pointing out that she herself had committed an offence by maintaining a sexual relationship with a man while her marriage was still valid.

"You are a married woman with two children. You are a mature individual and fully aware of the implications of entering into a relationship outside the bounds of marriage," a bench comprising Justices M.M. Sundresh and N. Kotiswar Singh remarked during the hearing.

The woman's counsel alleged that Barnwal had repeatedly invited her to various hotels and engaged in physical relations with her while continuing to assure her of marriage. The court, however, questioned her judgment and willingness in the relationship, asking, “Why did you go to the hotels repeatedly at his request?”

The bench further stated that the Patna High Court had correctly granted anticipatory bail to Barnwal, asserting that the woman had also played an active role in the relationship and could not solely blame the man for the consequences.

Previously, a trial court had denied Barnwal's plea for anticipatory bail after the woman filed a rape complaint against him. However, the High Court granted relief, citing that no sexual activity had occurred between the two after her divorce was finalized.

The woman and Barnwal reportedly met through social media in 2016 and had been in a relationship for several years. In her complaint, the woman claimed she sought a divorce from her husband under pressure from Barnwal, expecting him to marry her afterward. The divorce was granted on March 6, but Barnwal allegedly refused to proceed with marriage, prompting her to file a police complaint accusing him of sexual exploitation.

The Supreme Court's observations underscore the legal and moral complexities in cases involving consensual relationships, particularly where allegations arise after the breakdown of trust between parties. The court reaffirmed the High Court's reasoning and dismissed the woman's plea.