1 Cri-A-5676-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5676 OF 2010 Abu Salim Mohmad Hussian Halade ...Applicant Vs. The State of Maharashtra ...Respondent Mr. K.S.Patil, Advocate, for the applicant. Mrs. G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 19th January, 2011. P.C. 1. Heard the learned Counsel for the applicant and the learned APP. 2. Persecution case is that the present applicant had kidnapped the prosecutrix, who was aged less than 15 years at the time of commission of offence and then committed rape on her. During investigation, it was revealed that the prosecutrix and the accused were in love and they have performed marriage and thereafter went to live somewhere in Punjab. After the report was lodged by mother of the prosecurix, the accused and the girl were brought to Mumbai by police. The accused and the prosecutrix both are from Muslim community and under the Muslim Law, no age is prescribed for marriage except that the girl must have 2 Cri-A-5676-10.sxw attained puberty. 3. In view of the circumstances, the applicant be released on his executing P.R. of Rs.15,000/- with one surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)