..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2744 OF 2008 Bhalchandra Bandu Bhoir(Patil) ..Applicant. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.R.D.Suryawanshi, Adv. for applicant. Mr.H.J.Dedia, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 21st August, 2008. DATED : 21st August, 2008. DATED : 21st August, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.44 of 2008 of Ganeshpuri Police Station. The said case is mainly under Section 376 of IPC. 3. The prosecutrix was 17 years old at the time of the incident. The prosecutrix had stated that she knew the applicant. There was a love affair between the prosecutrix and the applicant. In May, 2008 the prosecutrix accompanied the applicant to Vasai. There they went to a lodge. ..(2).. Sexual intercourse took place between the applicant and the prosecutrix in the lodge. It is not the case of the prosecutrix that the said sexual intercourse took place due to any force or fraud. From the statement of the prosecutrix, it is seen that the first time that the applicant had sexual intercourse with the prosecutrix, it was by consent. However, the case of the prosecutrix is that thereafter on three occasions the applicant had forcible sexual intercourse with the prosecutrix. The prosecutrix became pregnant. When she informed the applicant about this fact, the applicant refused to marry her. Hence, complaint came to be lodged on 7.7.2008. The medical report shows that the prosecutrix was habitual to sex. This shows it was not a case of sexual intercourse only on a few occasions as stated by the prosecutrix. 4. Looking to the above facts, it appears to be a case of consent and only because the applicant refused to marry the prosecutrix, the prosecutrix has falsely implicated the applicant. Looking to all these facts, I am inclined to grant bail to the applicant. ..(3).. 5. The applicant - Bhalchandra Bandu Bhoir(Patil) to be released on bail in the sum of Rs.30,000/- with one or two sureties to make up the said amount. The applicant shall report to Ganeshpuri Police Station once in a fortnight, till conclusion of the trial. 6. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)