1 criapln2455-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2455 OF 2011 1] Sanjay s/o Shankar Phartade .. APPLICANT Vs 1] The State of Maha. 2] Police Inspector,Kallamb .. RESPONDENTS ... Shri S.G.Jadhavar,Adv. for applicant. Shri S.G.Nandedkar,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 28/06/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.55/2011 registered in Kallamb police station, Dist.Osmanabad, for offences punishable under Sections 376, 342 r.w. 34 of I.P.C. A.P.P. has made the papers of investigation available. Heard both sides. 2] Crime is registered on the basis of report given by prosecutrix. 2 criapln2455-11 Her father is working as a labour in the field of present applicant. She has made allegations that on 9/5/2011, when she was present in the field, Vishnu Thorat came there on motor cycle and informed that present applicant had called her. On the motor cycle of Vishnu Thorat, she left for the place to see applicant but Vishnu drove the motor cycle to other place and he committed rape. She has made allegations that after committing rape, Vishnu took her to a place where present applicant was standing. She has made allegation that present applicant gave threat of life to her and he said that he would commit murder of her father if the incident was disclosed to anybody. She has made allegation that she was locked up in a hotel by Vishnu from where, her father rescued her. She has given explanation for delay that there was fear that accused would do something and so, she approached police on 10/5/11 when the incident took place on 9/5/11. Papers of investigation including spot panchanama, panchanama of seizure of clothes of the prosecutrix were made available. There is statement of father of the prosecutrix showing that when he was searching for the prosecutrix, he learnt from one Babu that she was detained in hotel situated at bus stand by Vishnu. He has stated that he went there and he rescued his daughter. The incident was narrated to him by prosescutrix. He has also stated that he is afraid of the present applicant. His statement shows that the applicant had challenged Vishnu Thorat to do such act and accordingly, the act was done. Medical certificate shows that no 3 criapln2455-11 noticeable injury was found. The prosecutrix is a married woman. In any case, at this stage, it cannot be presumed that false allegations are made against present applicant. So, it is not fit case for granting anticipatory bail. Application stands rejected. These observations will not come in the way of trial Court while deciding the case. [T.V.NALAWADE,J.] umg/criapln2455-11