IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1038/2009. ( Vasanta Bajirao Dadanje ..vs. State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- CORAM : S.R.DONGAONKAR, J. DATE : 29 th JUNE, 2009 Heard Shri Kariya, Advocate, for the applicant and Shri Sonare, APP, for respondent State. Interim order was passed on 13th April, 2009. The consent theory was raised. From the facts it is apparent that the prosecutrix is more than 18 years. It is alleged that prosecutrix was residing with the applicant for quite some time. According to the applicant they had performed the marriage. They lived as married couple for quite some time and thereafter she started living with her parents and thereafter this complaint was lodged. Learned APP has pointed out that the prosecutrix has expressed willingness to perform marriage with the applicant, however, subject to conditions, including one to get the property of the applicant and his family mutated in her name. Considering the facts of the case, as theory of consent is raised, ex facie, interim order needs to be confirmed. In the event of arrest of the applicant for the offences punishable under Section 376, 506, 504 r/w 34 of the I.P.C in Crime No. 81/2008 of Police Station Moregaon, he be released on ail on furnishing surety and P.R.Bond of Rs.20,000/-, subject to conditions that he shall report the police Station Morgaon as and when directed by the I.O for the purpose of investigation and shall not directly or indirectly tamper with the prosecution evidence. It is made clear that the above observation are in prima facie view of the matter and therefore, they shall not influence the learned trial Judge while deciding anything on merits. Application disposed of. JUDGE Rvjalit