[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.4491 OF 2008 Amit alias Banty Nathuram Bhandare ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Rahul Kate 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 : DECEMBER 16, 2008 DATE : DECEMBER 16, 2008 DATE : DECEMBER 16, 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 bail in CR No.224 of 2008 of Karad City Police Station. The said case is under Section 376 of IPC. 3. On perusal of statement of the victim girl, it is seen that prior to the incident, the victim girl had met the applicant on many occasions and they had decided to get married. However, the said fact was not liked by her family as well as family of the applicant. Thereafter, both of them ran away from Karad where they resided, to Mumbai and from Mumbai they travelled to Chiplun, thereafter to [-2-] Pune, Aurangabad, Manmad and New Delhi. They travelled to all these places mostly by railway. If at all the victim girl was forced by the applicant to accompany him or the acts complained of by the victim girl were against her will, she would have made some efforts to seek some help or to run away. Thus, from the facts of this case, it appears that the sexual inter course had taken place by consent. According to the prosecution case, the age of the victim girl was fifteen and half years at the time of incident, however, the medical report shows that her age is between 16 to 17 years. Looking to the facts of this case, I am inclined to grant bail to the applicant. 4. The applicant-Amit alias Banty Nathuram Bhandare to be released on bail in the sum of Rs.20,000/- (Rs.twenty thousand only) with one or two sureties to make up the said amount. The applicant to report once in a fortnight to Karad City Police Station. 5. Application is disposed of. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]