1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 378 OF 2010. (Chhotelal Bakaramji Rahangdale .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.M. Quazi, Advocate for the applicant. Shri S.B. Ahirkar, APP for the respondent/State. CORAM : A.P. BHANGALE, J. 04TH MARCH, 2010. Heard. The present applicant had earlier approached the learned Sessions Judge, Bhandara, who, by an order dated 11.02.2010 rejected anticipatory bail for accusation punishable under Sections 376 and 417 of the Indian Penal Code arising from Crime No.9/2010 registered at Sihora Police Station, District Bhandara. His prayer for anticipatory appears to have been rejected mainly on the ground that the investigating agency requires custodial interrogation of the accused and it was reported that there was telephonic communication between the applicant and alleged victim who was taken to few places on the pretext of promise to marry her and raped. According to the learned Counsel for the applicant, there was delay in reporting the incident to police. Be that as it may, it is necessary in such cases that by custodial interrogation material evidence can be collected. The sessions case can be heard as early as possible. I am not inclined to take different view of the matter than the learned Sessions Judge, Bhandara as order under Section 438 of the Code of Criminal Procedure cannot 2 be utilized as a shield against the crime. Hence, the application is rejected. JUDGE *rrg.