1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.894 OF 2010. PRAFULLA RAMESHRAO PADOLE. VS. STATE OF MAHARASHTRA THROUGH PSO PS KATOL, DISTT. NAGPUR. _________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Ms Sandhya Maniyar Advocate H/F Shri F. T. Mirza, Advocate for the applicant Shri S. S. Doifode APP for the State respondent. Coram : A.H. JOSHI, J. Date : 10th JUNE, 2010. 1. Heard. 2. Perused the case diary. 3. It is seen from the version of the prosecutrix that she was in contact with the accused for long duration and she and the accused had physical relations. 4. It is sen that the sexual relationship with the accused which resulted in preganancy which was terminated and even thereafter she continued sexual relationship with the accused, which she now complains to be forcible. 5. Due to failure on the part of the accused to marry the prosecutrix, the complaint under Section 376 of the Indian Penal Code read with Section 3(1)(12) of Scheduled Castes and Scheduled Tribes(Prevention of 2 Atrocities) Act, 1989 has been lodged by the prosecutrix. 6. From what prima facie appears, it is a case of breach of promise to marry in the background of long sexual relationship has to be construed to be by consent. 7. On what is prima facie seen as discussed above, the applicant has made out a case for release on bail. 8. The applicant be released on bail on furnishing personal bond and solvent surety in the sum of Rs.10,000/-. Judge |mule|