Cri. Apln. No. 2284/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2284 OF 2011 Shivdas @ Shiva Bhaidas Thakre, R/o. Kauthal, Tq. Shahada, Dist. Nandurbar. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. A.M. Hajare h/f. A.B. Kale, Advocate for applicant. Mr. G.R. Ingole, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 24th June, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 140/2010 registered with Shahada Police Station, District Nandurbai for offences punishable under sections 363-A, 366, 504, 34 of the Indian Penal Code. The offence must have been converted for one punishable under section 376 of the IPC. In view of the allegations, the APP has produced the papers of investigation for perusal. Both the sides are heard. 2. The crime is registered on the basis of report given by mother of the prosecutrix. The applicant is neighbour of the complainant. The complainant has made allegations that as the accused was harassing the prosecutrix, she had stopped sending the prosecutrix to school, but the Cri. Apln. No. 2284/2011 2 applicant/accused had continued to harass her daughter. She has contended that on 19.10.2010 they went to bed, she could not see the prosecutrix. On that night search was made for prosecutrix and then she realized that accused had taken the prosecutrix with him. The report came to be given on the next day. 3. A copy of school leaving certificate is produced and it shows that the prosecutrix was born on 5.1.1995. There is copy of statement of prosecutrix showing that she had love affair with the present applicant. It is her case that as promise of marriage was given by the applicant, she had left the matrimonial house. The prosecutrix was taken to different places by the applicant and so both of them had worked to earn their livelihood. She had allowed the applicant to have a sexual intercourse. The doctors opinion shows that she is habituated to sexual intercourse and no injury was found on her person. Last time submission was made by Advocate Shri. A.M. Hajare that the prosecutrix and the applicant have married and prosecutrix is living in matrimonial house though the applicant is behind the bars. Today one girl wearing Mangalsutra is brought by the applicant's side in the Court and there is also father of the applicant. No document was produced to show that she is the prosecutrix. But, the advocate of the applicant submitted that she is the prosecutrix. The applicant is behind bars for more than six months. In view of these circumstances, this Court holds that bail can be granted to Cri. Apln. No. 2284/2011 3 the applicant. 4. So the application is allowed. The applicant Shivdas @ Shiva Bhaidas Thakre is to be released on bail in Cr. No. 140/2010 registered with Shahada Police Station for offences punishable under sections 363- A, 366, 504, 34 etc. of the Indian Penal Code on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln2288/11