1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 356 of 2011 (Zahed Khan S/o. Gaffar Khan Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.M. Daga, Advocate for the applicant Mr. R.N. Rode, APP for the State/respondent CORAM : M.N. GILANI, J. DATE : 29 th JUNE, 2011. Heard. The applicant, who is an accused in Crime No. 50/2011, registered at the Police Station Nagpuri Gate, Amravati, for the offences punishable under Sections 376 and 506-B of the Indian Penal Code, is seeking his release on bail, pending trial. The prosecution case, as unfolded in the F.I.R., lodged by Wahidabi Wd/o. Razzak Shah, aged about 39, is that she is a widow and has three children. Eldest one is 20 years old. The accused is her brother-in-law. On 13/04/2011, the accused entered in her house and finding her alone, had forcibly committed sexual intercourse with her. He had also threatened her. For the incident dated 13/04/2011 (i) the report was lodged on the next day i.e. 14/04/2011, (ii) when the accused was inside her house, her son aged 20 years returned to the house and witnessed the incident, (iii) the statement of son-Ansar recorded on 24/04/2011 shows that when he looked through the 2 window, he saw his mother was shouting like “leave me, my son would return”, (iv) till he returned both were inside the house and door was closed from inside without any cry or noise. In the F.I.R. dated 14/04/2011, the complainant stated about the accused committing sexual intercourse with her on 11/02/2011 and at that time also she was threatened. The applicant moved bail application before learned Additional Sessions Judge, Amravati, which came to be rejected by very exhaustive order. Prima-facie it appears the case of consensual act. Circumstances like, the prosecutrix suppressing the incident dated 11/02/2011, then again taking one day time to lodge report, at the time of incident words uttered by the prosecutrix, till her son- Ansar returned everything was all right i.e. the door was closed from inside and both were inside the house without any cry or noise, are significant. Application is allowed. Applicant be released on bail on his furnishing P. R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties in the like amount. Applicant to attend the concerned Police Station, as and when called. JUDGE *Sdw