[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2609 OF 2008 Santosh Narayan Patil ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Prashant Hagare for K.S.Patil Advocate for Applicant Mr.V.B.Konde-Deshmukh APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 13, 2008 DATE : AUGUST 13, 2008 DATE : AUGUST 13, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in CR No.29 of 2008 of Revdanda Police Station. The said case is under Section 376 of IPC. 3. The age of the prosecutrix is 20 years. She stated that applicant used to tell her that he loved her and he would marry her. Applicant used to call her at various places including some places outside the village. The prosecutrix used to go to [-2-] these places to meet the applicant. The prosecutrix has also stated that on these occasions the applicant used to kiss her and he used ask her to have sexual intercourse with her, however, the prosecutrix refused to have sexual intercourse. 4. The prosecutrix has stated that on 25.4.2008 as usual, the applicant told prosecutrix to meet at their usual place outside the village. Accordingly the prosecutrix went to the said place to meet the applicant. The case of the prosecutrix is that the applicant had forcible sexual intercourse with her on that day. However, thereafter he refused to marry her. Thereafter, the marriage of the applicant and the prosecutrix came to be fixed on 1.6.2008, however, the applicant did not perform the marriage on 1.6.2008, hence, FIR came to be lodged by the prosecutrix on 10.6.2008. Looking to the facts on record, it appears to be a case of consent and only because the applicant thereafter did not perform marriage, the prosecutrix has implicated him falsely. Looking to this fact, I am inclined to grant anticipatory bail to the applicant. [-3-] 5. In the event of arrest, the applicant-Santosh Narayan Patil be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant shall not enter into Chincholi area for a period of one year. Before being released on bail, the applicant shall inform the Investigating Agency the address at which he is going to reside during the period that he is on bail. The applicant shall report to Revdanda police station once in a month till conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]