1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4297 OF 2009 Navnath Dada Waghmare ....Applicant Vs. The State of Maharashtra ....Respondent ----- Mr.S.N. Salunkhe i/b. Shri Jaydeep D. Mane for Applicant Mrs. M.R. Tidake - APP for State ---- CORAM: V.M. KANADE J. DATED: 30TH NOVEMBER, 2009 P.C. 1. Heard the learned Counsel for the Applicant and the learned PP for State. 2. An offence has been registered against the present Applicant under sections 363, 366, 376 of the Indian Penal Code vide C.R. No.109 of 2009 with Pandharpur Taluka Police Station. 3. The prosecution case is that the prosecutrix and the Applicant had eloped since her parents were not willing to get her married with the Applicant. The 1 Applicant who is a young boy of 21 years and the prosecutrix who was 16 years of age, were working in the same troop which is used to perform at various places. The prosecutrix used to sing and dance in the said troop. The statement of the prosecutrix has been recorded wherein she stated that the Applicant had promised to marry with her and they had travelled to Mumbai-Pune and that the Applicant had sexual intercourse with her. After complaint was lodged by the father of the prosecutrix, the police arrested the Applicant and handed over the custody of the girl to her parents. Charge sheet has been filed. Taking into consideration his age and the possibility that the prosecutrix could have eloped with the Applicant on her own, custodial interrogation of the Applicant, in my view, is not necessary. 4. The Applicant be released on bail in a sum of Rs. 5,000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. 5. Application is disposed of. (V.M. KANADE J.)