FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1912/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Dashrath Radya Gavit . . . Applicant Versus The State of Maharashtra & Anr. . Respondents Shri C.R.Deshpande, Advocate for applicant Smt.R.R.Mane, APP for the State. Coram : A.V.NIRGUDE, J Date : 17/7/2009 P.C. The applicant is seeking anticipatory bail in Crime No.54/2009 of Visarwadi Police Station, Dist. Nandurbar, for offence punishable under Section 376 and 420 of IPC. The complainant is a young women aged 18 years and the applicant is also a young man of 20 years. They are residents of neighbouring villages. The complainant is a college student, whereas, the applicant has not even gone to the school. But, some how, both of them fell in love of each other. It is the case of the prosecutirx that, the applicant promised her that he would marry her and believing such a promise, she had sex with him on several occasions. After she became pregnant, he started avoiding her. She further alleged that, he had agreed to marry another girl. On the basis of this narration, police registered offences mentioned above. The learned Judge of the lower court rightly held that this could not be a case of rape and I think, this is neither a case of cheating. The complainant is a grown up person and should have realized the risk involved in having unprotected sex with the applicant. She could have been also aware that, though she had been having sex with the applicant, he would ultimately refuse to marry her. In view of this, the applicant deserves protection of anticipatory bail. In the event of arrest of the applicant in connection with above crime, he be released on bail on executing a personal bond of Rs.5,000/- (Rupees five thousand only) with one surety in the like amount. The applicant shall not make any attempt to contact the complainant or her relatives, till filing of the chargesheet. The application disposed of. (A.V.Nirgude, J.) sjv/cri1912-2009