1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 436 OF 2011 ( Nandu Mahadeo Ravidas (Ahirwar) Vs. State of Mah. PS Bhandara) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri N. Samudre Adv for applicant. Shri S. M. Bhagde APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 11th AUGUST, 2011. . Offence bearing Crime No. 294 of 11 is registered at Police Station Bhandara for the offence punishable under Sections 363, 366, 376, 506 read with Section 34 of Indian Penal Code. One Kirti aged 19 years resident of Kalamna Nagpur lodged First Information Report with the Police Station on 24.06.2011 alleging following: The accused/applicant herein resides in front of her house. On 27.05.11 she had gone to her maternal uncle's house which is in village Pahuni district Bhandara. On 01.05.11 when she was in the house of her maternal uncle, accused came there on motorcycle and called her. One Harish, friend of the accused was 2 also with him. Accused then made her to rode the motorcycle and carried her to Nagpur. After reaching to Nagpur on motorcycle, in the night they went to Jabalpur. On the next day again she was brought to Nagpur and stayed with the sister of the accused. On 04.05.11 she was carried to one temple in Koradi and there the marriage was performed. After the marriage, she stayed in the house of aunt of the accused over a period of one month at Nagpur. During this period the accused used to attend to his job and for that he used to leave the house and return in the afternoon. On 01.06.11 the accused reached her to her mother's house. On 24.06.11 she went to the police station with her father and lodged report. Bare reading of the F. I. R. would show that because of the acquaintance with the accused the prosecutrix accompanied him. Firstly from village Pahuni district Bhandara she came to Nagpur. Then from Nagpur she went to Jabalpur and on the next day returned to Nagpur. Then she went to the temple in Koradi and there the marriage was performed. More significant is her stay in the house of aunt of the accused over a period of one month. It is pertinent to note that he was the accused who reached her to the house of her mother on 01.06.11. From 01.06.11 to 24.06.11 despite the fact that she was staying with her parents nothing was 3 done. Marriage photographs are placed on record. It shows that number of women and children were present at the time of marriage ceremony. The aforesaid events amply point out that the prosecutrix voluntarily accompanied the applicant and then after marriage stayed with him over a period of about one month. In that light of the matter application is allowed. Applicant Nandu Mahadev Ashirwar is directed to be released on bail on his executing PR bond in the sum of Rs. 25,000/- with one surety in the like amount. Hamdast allowed. JUDGE svk 4