[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2251 OF 2008 Taher Ejaazhussain Kazi ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Ganesh Gole Advocate for Applicant Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 15, 2008 DATE : JULY 15, 2008 DATE : JULY 15, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.I-45 of 2008 of Jawhar Police Station, Dist.Thane. The said case is mainly under Sections 366-A and 376 of IPC. 3. From the statement of complainant, it is seen that the age of his daughter was 17 years at the time of the incident. Moreover, from the complaint, it is seen that the complainant’s daughter i.e. prosecutrix had an affair with the [-2-] applicant since about 4 months prior to the incident. However, the case of the complainant is that the applicant took away his daughter forcibly on a motor-cycle on 7.5.2008 and thereafter the applicant had forcible sexual intercourse with his daughter. It is seen that the applicant had taken away the daughter of the complainant on motor cycle from Thane to another place i.e Vikramgarh. At that time, it was 10.30 a.m. If the daughter of the complainant was taken away against her will, she would have shouted for help or tried to run away. However, she has not done so. This fact shows that she has willingly accompanied the applicant. Moreover, it appears that there was love affair of applicant and the daughter of the complainant. It prima facie, shows that whatever has happened, has happened with the consent of the prosecutrix. The complainant has clearly stated in his complaint that his daughter was 17 years of age at the time of incident. Looking to these facts, I am inclined to grant bail to the applicant. 4. The applicant-Taher Ejaazhussain Kazi to be released on bail in the sum of Rs.15,000/- (Rs.fifteen thousand only) with one or two sureties [-3-] to make up the said amount. The applicant to report to Jawhar police station, Dist.Thane once in a month till the conclusion of the trial. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]