1 ABA-785-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi ANTICIPATORY BAIL APPLICATION NO. 785 OF 2011 Dr. Prashant Arjun Kharat ... Applicant vs. The State of Maharashtra ... Respondent Mr. Sanghraj Rupwate i/b. Mr. Santosh Parad,Advocate, for the applicant. Mrs. G.P.Mulekar, APP for the respondent – State. Mr. S.H.Joshi, Advocate, fr the Intervener – first informant. CORAM: J.H.BHATIA,J. DATE : 23rd September, 2011. (In Chambers at 2.35 p.m.) P.C. 1. The applicant seeks anticipatory bail in Crime No.97/2011 registered with Palghar Police Station under Sections 376-B, 376-D, 323 and 506 of IPC on the report of one Seema Giridhar Mishra, who was working as Nurse in the hospital where the applicant was posted as Medical Officer. 2. Heard the learned Counsel for the applicant, the learned Counsel for the intervener i.e.the prosecutrix and the learned APP. Perused the various documents, including certain photographs which appear to have been taken in happy times. 2 ABA-785-11.odt 3. After perusal of the record, it does not appear to be a case of rape, but may be a case under Section 376-D of IPC. The offences under Section 376-B as well as under Section 376-D are bailable and the police officer cannot even arrest a person under those sections without a warrant from the Magistrate. The offences under Sections 323 and 506 are also bailable. As all the offences are bailable, this Application for anticipatory bail is not tenable under law. 4. In view of the above observation, this Application stands disposed of as not tenable. (J.H.BHATIA,J.)