1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 2533 OF 2009 Nishant Gorakh Bansode .. Applicant Vs State of Maharashtra .. Respondent Mr. Milind Deshmukh, Advocate for the Applicant. Mrs. P.P.Shinde, APP, for the Respondent. Shri M.A.Attar, for the original complainant. CORAM : D.B.BHOSALE, J. DATE : 02/07/2009 PC: 1. Heard learned counsel for the parties. 2. The applicant is seeking anticipatory bail in C.R.No.8 of 2009 of Miraj Railway Police Station. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 376, 323, 504, 506 read with 34 of IPC. 3. I perused the FIR. The prosecutrix has stated in detail as to how the applicant and the prosecutrix were known to each other and they roamed from one place to another and stayed in T 2 different lodges and had sexual intercourse on several occasions. The prosecutrix is 34 years old while the applicant is 27 years old. It is alleged that they stayed in lodges by entering their names as husband and wife and also moved together as husband and wife everywhere. Mr. Deshmukh, learned counsel for the applicant, submits that looking to the age of the applicant and the prosecturix and the manner in which they roamed from one place to another and had sexual intercourse, the provisions of Section 376 of IPC cannot be stated to have been attracted. He then submits that admittedly the prosecutrix is a married woman and, therefore, the applicant could not have promised her to marry. He, therefore, submits that even the provisions of section 420 of IPC cannot be stated to have been attracted. There is no dispute that the prosecutrix was married. There is no legal document on record to show that she divorced her first husband. Keeping that in view and having considered overall facts and circumstances of the case, I am inclined to grant this application for anticipatory bail. Hence, the following order. In the event of arrest, the applicant be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount, subject to the conditions 3 incorporated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant shall not enter Taluka Khanapur. (The complainant is a permanent resident of village Sirasgaon, Taluka Khanapur). Howver, the applicant shall report to the concerned police station on every alternate day between 10 am and 12 noon till 18.7.2009 and thereafter to the nearest police station from the place of his residence on every alternate Saturday between 6 and 7 pm for a period of four months. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)