1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 32 /2010 [Pawan Prabhakar Gotarkar vs. State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. R M Mardikar, Adv. for applicant Mr Anand Fulzele, APP for respondent .......... CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 25, 2010. Heard. 2 During the course of hearing of this application on 11th February, 2008 my attention was invited to the statement of the alleged victim Miss Mayuri, aged about 16 years, recorded by PSI Malegaon Police Station, in which she appears to have informed the Police about the love affair between her and the applicant Pawan. According to learned Advocate for the applicant since victim belonged to another caste, the applicant has been sought to be implicated in a serious accusation of alleged rape. However, the victim herself informed the Police that she had voluntarily, on account of her love affair with the applicant, moved together to Pune Aurangabad etc. and that they had also stayed with a friend of the applicant and informed him about the marriage and sought premises on rental basis during the period between 6th July 2009 and 18th July 2009. 3 Under these circumstances in order to test the 2 bona fides of the applicant, this Court had directed the learned Advocate to take instructions as to whether the applicant is still interested in maintaining the alleged love affair culminating in marriage. 4 The father of the applicant, under instructions from the applicant who is languishing in jail, filed an affidavit stating that the applicant is willing to marry with Miss Mayuri and has shown his willingness giving his personal consent. 5 The real obstacle in this case appears to be that victim is hailing from a different caste. If it is a genuine love affair between a boy and a girl who are of marriageable age, the most riled caste barrier has no relevance, particularly when there is mutual consent between them and if they they are otherwise competent. It is pertinent to mention that there should not be discouragement for such marriages, on account of caste difference. Be that as it may; a case for bail is made out. Hence the following order: The applicant be released in respect of Crime No.119/2009 registered at Malegaon Police Station Dist. Washim for offence punishable under sections 363, 366A and 376 of the Indian penal Code, upon executing a PR bond in the sum of Rs. 25,000/- with two or more sureties in the equal amount. He shall attend the trial on each date of hearing He shall inform his fixed/permanent address with Phone/Cellphone number 3 to the I.O. as well as the Presiding Officer of the Court. He shall not tamper with the prosecution evidence in any manner. Application is disposed of accordingly. Humdast granted. JUDGE sahare