1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 355 OF 2009 Manoj Balasaheb Kharade ...... Applicant. V/s State of Maharashtra ...... Respondent. Mr. S. Kotecha with Mr. P. Purwant i/b Mr. Nadkumar R. Pavbake for the applicant. Mr. S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATE : 18th February, 2009 P.C:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under section 366, 376, 420 of the Indian Penal Code. The prosecutrix, admittedly, was 26 years of age at the time when the complaint was filed. It is alleged that the applicant had promised to marry her and on account of that the prosecutrix and the applicant had physical relation with each other. However, subsequently, the applicant refused to marry her and, therefore, the present complaint has been filed. 3. In my view, prima facie, in view of the allegations which are 2 made in the said complaint, offence under section 376 does not appear to have been committed since the complainant was adult and had given her consent for the sexual intercourse. 4. Applicant, therefore, be released on bail in C.R. No.228 of 2008 which is registered at Sahakarnagar Police Station in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station as and when called. 5. Application is disposed of. (V.M. KANADE, J.)