Punishing husband or maintaining a charge of under secion 377 IPC is under dilema, please see the following:
The legislation is both useful as well as capable of misuse. It is useful in the sense that since marital rape is not an offence in India, so the Indian women would have a way out to get their husbands punished when they perform unnatural sexual acts on them.
Since marital rape is not a crime in India, can a husband be punished for having "unnatural sex" with his wife under IPC's Section 377, is the question which is baffling a judge in Rewari, Haryana. The absurd legal situation in India, where marital rape is not a crime, but "unnatural sex" between homosexuals is a crime, goes a long way in creating his dilemma.
he Indian Expressreported today that a judge in Rewari has sought advice from the Punjab and Haryana High Court about a case in which a woman is accusing her husband of forcing her to have anal sex, and she has filed a complaint after ten years of marriage.
In the aftermath of the Delhi Gang Rape in December 2012, the definition of rape under IPC's S. 375 was extended to include not just peno-vaginal intercourse, but others forms of sexual violence including forced oral sex and anal sex. But S.375 does not apply to married couples.
In this scenario, the if lower court rejects bail, High Court definitely grants bail, since the complainant in this case is first wife, out of revenge she could have made such baseless allegations.