Cri. Appln. No. 2783/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2783 OF 2011 Dashrath s/o. Rustum Rathod, R/o. Siddeshwar, Tq. Aundh (Nagnath), Dist. Hingoli. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. P. V. Tapse-Patil, Advocate for applicant. Mr. S.G. Nandedkar, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 10th August, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 27/11 registered in Aundha (Nagnath) Police Station, District Hingoli for offence punishable under section 376 of IPC. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by father of the prosecutrix. The incident took place after 8 pm of 4.3.2011. The complainant and his wife had gone to the field and in the house there were only the prosecutrix and a minor son. They heard shouting of the Cri. Appln. No. 2783/11 2 prosecutrix and so they returned to the house. They noticed that prosecutrix was crying and then she narrated the incident to them. She has made allegations against the applicant that he raped her. She showed the blood stains on her clothes. Her clothes were removed and then she was taken to Government Hospital. 3. The papers of investigation include the papers of medical examination. The girl is aged about 14 years. Tear of hymen was noticed. Blood was noticed on her clothes and blood was also noticed on the clothes of the accused. In view of these circumstances, this Court holds that there is sufficient material to make out prima facie case against the applicant. Considering the age of the prosecutrix and the other circumstance that the applicant is from the same locality and there is possibility of tampering with the prosecution witnesses, this Court holds that this is not a fit case to grant bail. So the application stands rejected. [ T. V. NALAWADE, J.] ssc/ca2783.11