{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2864 OF 2010 Dr.Vishal s/o Ramesh Patil APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. A.H.Kapadia with Mr.H.F.Pawar, Advocate for the applicant Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 29th July 2010 PER COURT: 1. By the present application, the applicant, a medical practitioner, is before this Court requesting to release him on bail in connection with CR No.202/2010 registered with Parola police station for an offence punishable u/s 306, 376, 313, 201, 504, 506 r/w 34 of the Indian Penal Code, as the applicant is in jail since 11.07.2010. 2. Heard learned counsel for the applicant followed by learned APP. Perused the papers of investigation carried out till today. {2} 3. It appears that the said offence is registered on the basis of complaint lodged by one Bebabai Kadam, mother of victim Manisha. It is alleged that said Manisha, along with her parents, was working on the field of one Daga Patil, where she was lured by two sons of said Daga Patil and they developed intimacy with her, which resulted into her pregnancy. The fact that she was pregnant, was not disclosed by the victim to her parents. However, when she was in her advanced stage of pregnancy, on 28.06.2010, the victim along with the complainant were taken to a hospital on the pretext that there was swelling to the liver of the victim. It is further alleged that when the victim was examined it was revealed that she was carrying 7 months pregnancy, therefore, considering the advanced stage of her pregnancy, she was taken to the hospital of the applicant. It is also alleged that in the hospital of the applicant, after obtaining consent, the pregnancy was terminated. It appears that due to the said humiliation the victim committed suicide and hence offence came to be registered. 4. Name of the applicant is not mentioned in the complaint, however later on it transpired that the applicant has allegedly assisted the accused and hence, he was arrested on 11th July 2010. Papers of investigation disclose that the victim was admitted in the hospital of the applicant on 28th June 2010 and on 29th June 2010 her pregnancy was terminated after completing all the formalities, as the papers of investigation indicate that before {3} terminating the pregnancy, consent of the victim was obtained. The papers do not speak as to whether the said consent was obtained by force or not. However, it is clear that the pregnancy was terminated after obtaining requisite consent. After the arrest of the applicant, the documents relating to this case are seized from “Mangalya Hospital” run by the applicant. Considering the period, the applicant has already undergone and now there are no chances of tampering of evidence in respect of medical termination of pregnancy of victim Manisha and in view of the fact that the applicant cannot be held responsible for other offences, however at the most the applicant can be said to be responsible for terminating the pregnancy in advanced stage, case is made out to enlarge the applicant on bail. 5. In the result, the application is allowed. The applicant be released on bail on his furnishing solvent surety in the sum of Rs.25,000/- and on executing PR bond in the like amount, if not required in any other offence. The applicant is directed not to interfere with the investigation. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln2864-10