1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.672 OF 2010 Walmik S/o.Narayan Sable, Age-25 years, Occu-Agriculturist, R/o.Shinde, Tq. Karjat, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra, Through Police Inspector, City Police Station Karjat, Tal.Karjat, Dist. Ahmednagar RESPONDENT Mr.R.N.Dhorde, h/f. Mr.V.S.Kadam, learned counsel for applicant. Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 05/03/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.86/2009, registered in Karjat Police Station of Dist. Ahmednagar for the alleged offence u/s. 363, 366, 376 of The IPC, in which the present applicant came to be arrested on 21/10/2009 and after completion of investigation, charge sheet was filed on 19/01/2010. 2. Heard learned counsel for applicant, followed by the submissions of learned APP appearing for the State. 2 3. It appears that the said offence came to be registered on the complaint of one Rupchand Sudrik on 16/05/2009, as according to him, his daughter Supriya was missing since night in between 07/05/20099 and 08/05/2009. When he inquired with his relatives, one of his relative informed him that he had an occasion to see the daughter of complainant chitchatting with Walmik Sable, the applicant, on her way to school. It further appears that on 19/10/2009, the present applicant when returned to his village Kopardi, he was caught hold by the police, and on his information, Supriya was located and brought back. Her statement was recorded on 21/10/2009. Statement of the prosecutrix Supriya shows that she had an affair with said Walmik and in the night between 07/05/2009 and 08/05/2009, as planned by them, she eloped with applicant on his motor bike and then remain in his company till the Walmik was arrested. On perusal of the statement of prosecutrix Supriya, it can not be said that she is not a consenting party to the act of Walmik and if it is so, case is made out to enlarge the applicant on bail. Hence order. O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.672-10