1 CRI.APP.NO.1769/2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1769 OF 2009. Devidas @ Pintu s/o Vishwanath Suryawanshi ...Applicant. Versus 1. The State of Maharashtra & another. ...Respondents. ... Mr.S.S.Tope, Advocate for the applicant. Mrs.S.B.Wadmare, APP for the respondent No.1. ... CORAM: A.V.NIRGUDE,J. Date : 9th July,, 2009. COURT'S ORDER: 1. The applicant is seeking bail in Crime No. 238/2008 registered at Omerga Police Station, Dist. Osmanabad, under Sections 363, 366, 376 of the Indian Penal Code. 2. The applicant is 22 years old and the prosecutrix is about 13 to 14 years old. The applicant took her away to Pune and in a lodge, he raped her. On the 2 CRI.APP.NO.1769/2009. next day, the police as well as the father of the prosecutrix came and the couple was apprehended. The statement of the prosecutrix, however, reveals that she was more than eager to go with the applicant and that she knew what she was doing. 3. As regards the allegations of rape, the prosecution case is not strong. The medical certificate does not support the case of the prosecutrix that she was raped during the night of 26th November, 2008. The applicant is in custody since quite some time, I think he deserve bail. The application is allowed. (i) The applicant is released on bail of Rs.10,000/- (Rs.Ten Thousand only) with one surety in the like amount. (A.V.NIRGUDE,J.) lkp.