1 CA4299/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4299 OF 2011 Ambadas @ Babu s/o Shivaji Telange Applicant V E R S U S The State of Maharashtra Respondent Smt. S.S. Jadhav, Advocate for the applicant Shri D.R. Kale, A.P.P. for the respondent / State CORAM : R.Y. GANOO, J. DATED : 29th November, 2011 PER COURT : 1. The present applicant is arrested in CR No. 32 of 2011, registered with Wadhwana Police Station, District Latur, under Section 366-A, read with Section 34 of the Indian Penal Code. 2. According to the complainant, on 5th June, 2011, Puja, a girl of about 15 years 3 months left the house at odd hours in night. In the F.I.R., suspicion is expressed towards the present applicant Ambadas. Subsequently, Ambadas and minor girl Puna were taken charge of police. In the course of investigation, police recorded the statement of Puja. Perusal of the said statement, clearly goes to show that said Puja was in love with the present applicant. She had even determined to marry the present applicant and when she sensed that her parents are not approving the relationship 2 CA4299/11 between her and the present applicant, a plan was made to run away for getting married. Further portion of the statement of Puja shows that she stayed with the present applicant with conscious mind and they entered into a ceremony similar to that of marriage on 12th June, 2011 at Ajmir. Exchange of garlands were made by them. It is only when monies held by them were coming to an end, Puja came back. She has in certain terms continued in the company of the applicant. Puja is said to have been born on 15th March, 1996. Her birth certificate is produced on record. Keeping in view the date of occurrence of 5th June, 2011, on the said date, her age was about 15 years and 3 months. The manner in which Puja has conducted herself, as mentioned above, clearly goes to show that she had reached the age of understanding. Though Puja was below 16 years of age on the date of occurrence, on account of her state of mind disclosed in her statement, it is apparent that the present applicant and Puja were in love with each-other, and what happened thereafter was by way of maintaining relationship as husband and wife, after the marriage ceremony was performed. Looking to the peculiar facts, I am inclined to observe that the detention of the present applicant is not necessary as the main witness has spoken in his favour. Hence, I am inclined to release him on bail. Hence, following order is passed to dispose of the application : 3 CA4299/11 ORDER A. The bail application stands allowed. B. It is hereby ordered that the applicant be released on bail in connection with CR No. 32 of 2011 of Wadhwana Police Station, District Latur in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. He shall furnish P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand). C. The applicant shall attend the concerned police station on every Sunday between 11.00 a.m. to 04.00 p.m. till 31st May, 2012. ( R.Y. GANOO, J. ) SRM/29/11/11