{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3638 OF 2009 Asef s/o Mansaf Pathan, Age-26 years, Occ-Driver R/o Talabkatta Manwat, Tq-Manwat, Dist-Parbhani APPLICANT VERSUS The State of Maharashtra Through Manwat Police Station Dist-Parbhani RESPONDENT ....... Mr.J.M.Murkute, Advocate for the applicant Mrs.Yogita M.Kshirsagar, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 16th November 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on bail in connection with CR No.101/2009 registered with Manwat police station for an offence punishable u/s 376 and 506 of the Indian Penal Code. 2. Heard learned counsel appearing for the applicant followed by the submission of the learned APP. 3. According to the learned counsel for the applicant, as per {2} the version of the complainant the alleged sexual abuse was going on since last 13 months. It is also contended that now the charge sheet is filed in the court of law after the investigation is over. It is submitted that if the complainant is major then only inference can be drawn that the acts alleged on the part of the applicant can be termed as theory of consent and hence it is prayed that the applicant be released on bail. 4. The application is opposed by the learned APP on the ground that there is strong medical evidence against the applicant and the complainant is an unmarried girl. 5. Considering the submissions it cannot be denied that the affair between the applicant and the complainant was going on for 13 months. If the educated girl like the complainant knows the repercussions of the act and yet keeps going on the affair for a considerable long time then it cannot be said that the act is committed by using force. In the premise, case is made out by the applicant to enlarge him on bail. 6. In the result, the application is allowed. The applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. The applicant shall not contact or tamper the prosecution witnesses after releasing on bail. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3638-09