1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 4745/2009 Ashok Kumar vs. State of Rajasthan Dated : 10.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Rohan Jain, for the petitioner. Mr. Amit Poonia, Public Prosecutor. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Rohan Jain Advocate on behalf of the applicant Ashok Kumar pertaining to F.I.R. No. 239/2009 of Police Station Kotwali, District Baran in the offence under Section 376 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has taken through the statements of prosecutrix recorded under Section 161 and Section 164 of Cr.P.C. and has contended that the manner in which the story of rape is being narrated by the prosecutrix tangibly reveal that the petitioner had a coitus with the prosecutrix voluntarily. It is a case of consent sexual intercourse, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application for namesake. 5. Having considered the submissions made at the bar and scanned the relevant material on record, it is noticed that the date of birth of the prosecutrix is 9th March, 1993. As per the date of birth, the prosecutrix is found to be approximately 16 years of age on the date of occurrence. Hence, I, without expressing any 2 opinion on the merits of the case, but keeping in view the age of prosecutrix, do not deem it just and proper to grant indulgence of bail to the petitioner which deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner Ashok Kumar stands dismissed. (MAHESH BHAGWATI)J. Mak/- 21