1 CA4743/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4743 OF 2011 Lahu s/o Bhausaheb Sonawane Applicant V E R S U S The State of Maharashtra Respondent Shri Ajit B. Madke, Advocate for the applicant Shri K.S. Hoke-Patil, A.P.P. for the respondent / State CORAM : R.Y. GANOO, J. DATED : 25th November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicant is arrested in CR No. I – 29 of 2011 of Shrirampur Taluka Police Station, District Ahmednagar, under Sections 363, 366 (A) and 376 of the Indian Penal Code. 3. According to the complainant, Mr. Pradeep Manohar, who happens to be the brother of victim Seema has lodged the F.I.R. It is noticed that said Seema eloped with the applicant on 13th March, 2011 and she was traced on 20th March, 2011. The F.I.R. indicates that the present applicant had represented to said Seema that he would marry her. According to her, during the aforesaid period of 4-5 days, applicant had sexual intercourse with her. It is noticed that said Seema had enough opportunity to contact her parents or run away from the place where they stayed. The doctor 2 CA4743/11 attached to the Government Hospital at Shrirampur has examined Seema and on the basis of X-ray report as well as other clinical examinations he has opined that Seema was more than 16 years old. If this is the view of the doctor on the question of age, surely Seema can be considered as a lady who had reached the age of understanding. Looking to the relevant facts, though the word of Seema that she offered herself for sexual intercourse on the basis of representations, still there is no need to detain the present applicant and he can be released on bail. Hence, the following order is passed to dispose of the application. ORDER A. The bail application is granted. B. It is hereby ordered that the applicant Lahu s/o Bhausaheb Sonawane be released on bail in connection with CR No. I – 29 of 2011 of Shrirampur Police Station, District Ahmednagar, in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. He shall execute P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand). C. The applicant shall report to the concerned police station on every second Saturday between 11.00 a.m. to 04.00 p.m. upto the date of filing of the charge-sheet and for six months thereafter. ( R.Y. GANOO, J. ) SRM/ 3 CA4743/11