[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2160 OF 2008 Satish @ Birju Vilas Kamble @ Rajput ..Applicant Vs. State of Maharashtra ..Respondent ... Mr.Ganesh Gole Advocate for Applicant Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 8, 2008 DATE : JULY 8, 2008 DATE : JULY 8, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in CR No.24 of 2008 Gavbhag Police Station, Kolhapur. The said case is mainly under Section 376 of IPC. 3. The prosecutrix who is 14 years old school going girl, has stated that applicant came to her school between 11.30 a.m. to 12.30 p.m. and told her that some persons had come to see her and hence, she should accompany him. After taking permission from school, the prosecutrix accompanied [-2-] the applicant. However, instead of taking her home, the applicant took her to a deserted place and committed rape on her. The statement of Bhise Sir who is teaching in the said school, shows that one boy aged about 20 years came to the school at about 12.30 p.m. and he stated that someone had come to see the prosecutrix. Thereafter, the boy took away the girl with him. 4. Mr.Gole, the learned advocate for the applicant submitted that the prosecutrix has been medically examined and medical report does not support the case of the prosecutrix that rape was committed on her. As far as this aspect is concerned, the medical report shows that some bleeding was present. In the present case, the investigation is going on. 5. Looking to the statement of the prosecutrix and the other material on record, I do not think that this is a fit case to grant anticipatory bail. Application is rejected. 6. Application disposed of. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]