FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO 1915 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shivaji S/o Rambhau Matkar .. Applicant Versus The State of Maharashtra .. Respondent Smt.S.S.Jadhav, Adv. for the applicant. Smt.S.B.Wadmare, APP for respondents. CORAM : A.V.Nirgude, J. DATE : 15.07.2009 The applicant is seeking bail in Crime No. 35/2009 registered with Neknoor Police Station, Dist. Beed, for the offence punishable under Section 376 of IPC. The applicant is accused of committing rape of one Maya on 25/3/2009 at about 2 p.m. in the agricultural field of the prosecutrix. The prosecutrix said that, while she was alone cutting maize crop, the applicant suddenly came and ravished her. She also said that, while this was going on, her husband came. Thereafter, she narrated the incident to him. She also mentioned that, the applicant caused injury to her leg before leaving and threatened her not to disclose this fact to any one. The husband, however, gives another account of the incident. He said that, he had sent his wife for cutting of the maize crop in his agricultural field in the morning and when till afternoon, she did not return, he went to see her in the agricultural field. At that time, he noticed the applicant and his wife partially clad in maize crop. On seeing him, he said that, the applicant taking his pant in hands started running away. He said that, he pelted stone at the applicant, but in vain. He said that, he then asked his wife as to what had happened. She, then, narrated the incident of rape to him. Thereafter, both, prosecutrix and her husband, went to the police station and lodged the complaint. From the annexures to the application, it is clear that after the incident, prosecutrix and her husband had developed disharmony and prosecutrix has now been staying with her parents. She has also issued a legal notice to her husband not to dispose of the landed property, etc. The narration of the incident by husband and the prosecutrix, prima facie, suggests that sexual encounter of the applicant with the prosecutrix was, probably, consensual. I think, in the facts & circumstances of the case, the applicant deserves bail. Accordingly, the applicant be released on bail on executing personal bond of Rs. 10,000/- (Rupees ten thousand only), with one surety in the like amount. The application dispose of. (A.V.Nirgude,J) sjv/cri1915-2009