IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 908 OF 2009 Ishwar A. Runsur ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Manohar Shetty for Applicant Shri D.P. Adsule, APP for State ---- CORAM: V.M. KANADE J. DATED 17TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. A complaint has been registered against the present Applicant for the offence punishable under sections 366, 376 of the Indian Penal Code. 3. It is the case of the prosecution that the Complainant Kalpana and the present Applicant had love affair and the Applicant had given an assurance to marry her and, therefore, she consented to have sexual relations with him. As a result of which, she became pregnant and delivered a baby girl. It is alleged that in the meantime, the Applicant married with some other girl. However, the Complainant's daughter continued to have a relation with the Applicant and, thereafter, the complaint was filed since the promise given by the Applicant to marry her was not fulfilled. 4. I have perused the complaint filed by the mother of the said girl. I have read the statement of Kalpana, she has admitted that she is having love affair with the present Applicant and as a result, one child was born out of the said relations. The prosecutrix admittedly was supposed to be 18 years of age at the time of the said incident. Taking into consideration the said statement, in my view, offence punishable under sections 366, 376 is not made out. Particularly, because, the prosecutrix had sexual relations with the Applicant by her own will and consent. Under these circumstances, application for anticipatory bail is allowed. 5. The Applicant, in the event of his arrest in connection with C.R. No.15 of 2009 registered at Nehru Nagar Police Station for the offence punishable under sections 366, 376 of the Indian Penal Code, shall be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned police station once in a week till filing of the chargesheet. He shall co-operate with the police. After the chargesheet is filed, the Applicant shall report to the concerned police station once in a month. The Applicant shall not threaten the prosecutrix or any other witness. If any complaint is received, liberty is granted to the Investigating Officer to apply for cancellation of bail. 6. Application is allowed and is disposed of. V.M. KANADE J.