(1) CR.APP. 2093.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2093 OF 2009 Vasudeo @ Deepak Bhima Shirsath, Age : 29 years, Occu.: Agri., R/o Shirsathwadi, Tq. Pathardi, District : Ahmednagar .. Applicant Versus The State of Maharashtra (Copy served on the Public Prosecutor, High Court, Bench at Aurangabad) .. Respondent Mr. Joydeep Chatterji, Advocate for the Applicant Smt. R.R. Mane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 10TH JULY, 2009 ORAL ORDER:- 1] The applicant is seeking bail in crime no. 100 of 2006 of Pathardi Police Station, Dist. Ahmednagar dated 24.6.2006 for the offences punishable under section 363, 366, 376 of the Indian Penal Code. (2) CR.APP. 2093.2009 2] In June, 2006 a complaint came to be lodged against the applicant that he had kidnapped the complainant’s daughter Megha aged 16 years. Even though the complaint came to be lodged in June, 2006 no further investigation took place. The detection occurred in a very peculiar circumstance. It so happened that the applicant and Megha left the village in June 2006 and went to Mumbai and Pune. They stayed as husband and wife for next three years. On 31st May, 2009 the applicant and victim Megha had a quarrel and fight. Megha said that the applicant assaulted her and when he left the room, she locked the room from inside. She did not open the door, although the applicant knocked at it several times. The applicant thereafter went to local Police Station and lodged a report. The Police came and then, Megha opened the door. On due enquiry the Police realised that Megha was victim of the present crime. The applicant was arrested on 2.6.2009. 3] It is clear from the statement of Megha that at the age of 16 years, she knew what she was doing when she left with the applicant for getting married with him. Since Megha was a consenting party and since she knew the consequences of her acts and she was on the verge of majority, the applicant deserves bail. The applicant deserved bail even when he was before the lower Court. (3) CR.APP. 2093.2009 4] The applicant is released on bail of Rs.5000/- (Rs. Five Thousand) with one surety in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/10july9/cr2093.09