[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1867 OF 2008 Kedar Sudhakar Thatte ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Shirish Gupte Senior Counsel with Mr.S.V.Sadavarte Advocate for Applicant Ms.P.P.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 10, 2008 DATE : JULY 10, 2008 DATE : JULY 10, 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.173 of 2008 of Worli Police Station,Mumbai. The said case is mainly under Sections 376 and 420 of IPC. 3. The case of the prosecutrix is that she had an affair with the applicant. On account of the said affair, they went out on many occasions. Thereafter, the applicant had promised that he [-2-] would marry her and he asked the prosecutrix to have sexual inter course with him. This happened on 25.9.2007. The prosecutrix and the applicant were continuously meeting each other and going out together. It is the case of the prosecutrix that thereafter also the applicant had sexual inter course with her. However, lateron the applicant started avoiding the topic of marriage. As the applicant refused to marry her, the prosecutrix lodged complaint on 9.5.2008. On perusal of the FIR lodged by the prosecutrix, it is seen that sexual inter course which took place on 25.9.2007 and thereafter, had taken place on account of consent. The age of the prosecutrix is 32 years. She is educated lady. She is teacher by profession. Looking to the age of the prosecutrix and her educational qualification and the other facts, it is clear that the prosecutrix knew the nature and consequences of her act. It appears that as the applicant did not marry her, she has implicated the applicant. Looking to the facts of this case, I am inclined to grant anticipatory bail to the applicant. 4. In the event of arrest, the applicant-Kedar [-3-] Sudhakar Thatte to be released on bail in the sum of Rs.40,000/- (Rs. forty thousand only) with one or two sureties to make up the said amount. The applicant to report to Worli police station, Mumbai as and when required by the Investigating Agency. 5. Application disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]