{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4074 OF 2009 Subhash Kalyan Waghmare APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.N.C.Garud, Advocate for applicant Mr.N.R.Shaikh, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 7th December 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on bail in connection with CR No.374/2009 registered with Shrigonda police station, Dist-Ahmednagar for an offence punishable u/s 363, 366 and 376 r/w 34 of the Indian Penal Code. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP. Perused the papers of investigation, carried out till today. 3. It appears that the said offence is lodged on 27.09.2009 on the complaint of one Machhindra Kakade, father of the prosecutrix Manisha. It is alleged that the applicant was behind his daughter and on 21.09.2009, with a view to save her from the applicant, he had sent his daughter to her maternal uncle {2} at Deulgaon Galade. It is further alleged that in the afternoon of 24.09.2009, the complainant received a message from the maternal uncle of the prosecutrix that Manisha is missing as somebody has abducted her. It appears that after 22 days said Manish was traced and taken in custody from the applicant. Statement of Manisha came to be recorded, which reflects that in the afternoon of 24.09.2009 at about 2.00 p.m. when she had gone to answer the nature’s call, the present applicant came there on his motorbike and forcibly took her from there. Thereafter he took her to the house of one Vaijnath and told him that they had married. It is alleged that in the house of Vaijnath, the applicant has sexually ravished her for 22 days. It is tried to urge that the said victim is a consenting party, which submission does not whisper from the statement of the victim. Though it is urged that Manisha was in the company of applicant for 22 days and if she had not consented then during the said period she might have raised alarm. It has to bear in mind that they were staying at a private house which is rightly pointed out by the learned APP. When the investigation is still in progress, no case is made out, at least at this stage, to release the applicant on bail. 4. In the result, the application, which is sans merits, stands rejected. [A.V.POTDAR, J.] drp/criapln4074-09