1 Criminal Application No.1164/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1164 OF 2011 Anil @ Dada s/o Maruti Pawar ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri R.M. Pardeshi, Advocate for applicant Shri K.S. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 1st April, 2011 PER COURT : 1. Heard. In Crime No.I-317/2010, registered at Shrirampur Police Station, the accused/ applicant is seeking bail for offence under Sections 363, 366-A, 376 of the Indian Penal Code. 2. The victim, born on 8.11.1994, was studying in 10th Standard, allegedly enticed by the accused/ applicant. Learned counsel submits, it was basically love affair between accused/ applicant and the victim and thereafter the victim accompanied him to several places, they married. However, due to his being in fetters, the victim is with her parents. 3. The age of the victim illustrate, she was ossilating 2 Criminal Application No.1164/2011 between 16 to 17 years and as stated, she activated the free movements without any import of frustration or coercion, she had on number occasions, opportunities to rebel against the accused which she did not avail. The offence of kidnapping, in the set of above facts, would primarily be not surfacing. The infraction of Section 366-A of the Indian Penal Code is again illogical. The course of Section 376 of the Indian Penal Code does not further warrant custody of the accused/ applicant. The accused/ applicant has no criminal record. The applicant, 23 years old, was a labour at the material time. Hence order : O R D E R The accused/ applicant Anil @ Dada s/o Maruti Pawar be released on his furnishing P.R. bond and a surety in the sum of Rs.5000/- (Rupees five thousand). After release, the accused/ applicant shall attend the investigator on every alternate Sunday between 3.00 p.m. to 6.00 p.m. till 31st July 2011. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri1164.11