1 BA-1882-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1882 OF 2011 mhi Mr. Somnath @ Amitkumar Lalitkumar Jha ...Applicant vs. The State of Maharashtra ... Respondent Shri S.R.Gaud, Advocate, for the applicant. Shri Y.S.Shinde, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 21st December,2011. P.C. 1. The applicant seeks to be released on bail in Crime No.89/2011 registered with Shreenagar Police Station, District Thane, for the offences under Sections 363, 366, 366(a), 376, 212 read with Section 34 of IPC. 2. Prosecution case, in brief, is that the prosecurix, who was aged less than 15 years, was in love with the applicant. On 4.5.2011, after consultation with the present applicant and as per his advice, the girl left the house of her parents and thereafter the girl and the applicant went to different places, performed a symbolic marriage and also had sexual relations at different places. Finally, they came back after one month. It appears that about nine months before this incident 2 BA-1882-11.sxw also the prosecurix had eloped with the present applicant and had come back after one day. As per the School record, the girl was born on 19.7.1996 and thus she was aged slightly less than 15 years at the time of incident, while as per the medical report, her age was around 17 or 18 years. Even though she was less than 16 years of age when she was kidnapped and was subjected to sexual intercourse, it appears that the girl was not forced by the accused either for eloping or for sexual relations. The accused is also a young boy aged 23 years. 3. Therefore, the applicant be released on his executing P.R. of Rs.25,000/- with one or two sureties to make up the amount and subject to condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)