(1) CRI.APP. 4262.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4262 OF 2010 Shivanand S/o Nilkanth Havile, Age : 28 years, Occu.: Labourer, R/o Achler, Tq. Omerga, District : Osmanabad .. Applicant VERSUS The State of Maharashtra Through : Investigation Officer, Police Station, Murum, Dist. Osmanabad (Copy to be served on the P.P. High Court of Bombay Bench at Aurangabad) .. Respondent Mr. M.P. Tripathi, Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 15TH NOVEMBER, 2010 ORAL ORDER:- 1. This is Application for bail. Applicant is arrested for alleged commission of offence under section 363, 366-A and 376 r/w. 34 of the Indian Penal Code. 2. Heard learned Advocate and learned APP. 3. The incident of alleged kidnapping is said (2) CRI.APP. 4262.2010 to have occurred on 7.5.2010. It prima facie appears from the recitals of the FIR that the prosecutrix by name Preeti was taken away in a jeep vehicle. It appears, prima facie, that the offence of only kidnapping was registered at the initial stage. The learned Sessions Judge found that though she was prima facie a consenting party, yet her consent could not be taken away because she was hardly of 15 years age. 4. There cannot be duality of opinion that age factor of the prosecutrix is yet to be finally determined and the record regarding ossification test i.e. radiological report is yet not collected. The fact that the prosecutrix was a consenting party is required to be duly appreciated while considering liberty which the applicant is claiming. 5. Considering these aspects, the applicant is directed to be released as below:- (I) The Application is granted. (II) The applicant shall be released on bail on furnishing of bail bonds in the sum of Rs.15,000/- (Rs. Fifteen Thousand) with a solvent surety bond in (3) CRI.APP. 4262.2010 the like sum which shall be executed before the learned Sessions Judge. (III) The applicant shall not contact any of the prosecution witnesses and shall not enter village Achler during the period of completion of the investigation and trial of the Sessions case. 6. Application disposed of accordingly. Sd/- [V. R. KINGAONKAR, J.] arp