1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1472 OF 2009 Suyog @ Banti Harichandra Rathod ...... Applicant. V/s The State of Maharashtra . ....... Respondent. ----- Mr. V.V. Purwant for the applicant. Mr. Rajesh More, APP for the State. ----- CORAM : V.M. KANADE, J. DATE : 26th March, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. This is an application for anticipatory bail. An offence has been registered against the applicant under section 376 of the Indian Penal code. The prosecutrix was 19 years of age when the said complaint was lodged. She has stated in her complaint that the applicant gave promise to her that he would like to marry her and had sexual intercourse with her. However, thereafter, he did not fulfill his promise. The prosecutrix realized that the applicant was not likely to marry her and she learnt that he was going to marry some one else and, thereafter, this complaint is filed. 2 3. The prosecutrix, obviously, was 19 year of age and had given her consent for sexual intercourse. Mere failure to fulfill the promise would not attract the provisions of section 376 of the Indian Penal Code. Prima facie case, therefore, is made out for grant of anticipatory bail. 4. Applicant, in the event of his arrest in connection with C.R. No.60 of 2008 registered with Valsang Police Station, District Solapur under section 376 of the Indian Penal Code, be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station as and when called till the charge- sheet is filed and, thereafter, twice in a week for a month and once in a month thereafter. 5. Application is disposed of. (V.M. KANADE, J.)