1 criapln3189-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3189 OF 2011 1] Santosh Shankar Patil .. APPLICANT Vs 1] The State of Maha. ..RESPONDENT ... Shri Joydeep Chatterji, Adv.for applicant. Shri S.G.Nandedkar,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 04/08/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.141/10 registered in Bhusawal police station, Dist.Jalgaon for offences punishable u/ss. 376 [G], 366 [A] r.w. 34 of I.P.C. Papers of investigation were made available. Both sides are heard. 2] Crime is registered on the basis of report given by father of the prosecutrix. prosecutrix was missing from the house of the complainant since 20/10/10. When the complainant learnt about the 2 criapln3189-2011 prosecutrix, he visited village Satna [Madhya Pradesh] to search the prosecutrix but on the first occasion, he could not trace the prosecutrix. On the second occasion, when he again went to Satna [M.P.] he noticed that the prosecutrix was kept in the house of accused Amit Srivastava. Then he took prosecutrix to home and on enquiry, prosecutrix narrated the incident to him. She has made allegations that on the night of 20/10/10, she was forcibly taken away from the courtyard of her house and she was taken first to the house of present applicant. In the house of the present applicant, there was his wife and the applicant. Allegations are made that applicant helped other accused in removing clothes of the prosecutrix and Ravi raped the prosecutrix. Allegations are made that other accused Amit Srivastava also raped her and the present applicant had helped these 2 persons from taking prosecutrix from one place to other. First rape was committed in the house of present applicant and there was wife of the applicant also. 3] Papers of investigation contain medical examination of the prosecutrix and copy of school leaving certificate. Record shows that the prosecutrix was hardly 12 years of age. Medical examination shows that there were signs of rape and hymen was ruptured. In addition to these circumstances, APP submitted that the history of applicant is not good and atleast 2 offences are registered against him under Section 384 of I.P.C. Copies of charge sheets of the 2 cases are 3 criapln3189-2011 produced. In the first case, with other associates, he had committed offence of road robbery and in the second case, he was shown as accused no.1 and alongwith other accused Banti, he had committed offence of road robbery. In view of this record and the aforesaid circumstances, this Court holds that there is possibility of tampering with prosecution witnesses and there is also possibility of absconding of the accused. As it is not fit case for grant of bail, application stands rejected. [T.V.NALAWADE,J.] umg/criapln3189-11