1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION CRIMINAL APPLICATION NO. 4445 OF 2009 Sandeep Shamrao Kamble ..... Applicant. V/s State of Maharashtra ..... Respondent. Mr. Umesh R. Mankapure for the applicant. Mrs. S.D. Shinde, APP for the State. CORAM: V.M. KANADE, J. DATE : 4TH NOVEMBER, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant was arrested in connection with C.R. No.8 of 2009 which has been registered at Chinchni Vangi Police Station, District Sangli for the offence punishable under sections 363, 366A, 376 read with section 34 of the Indian Penal Code. 3. Counsel for the applicant submits that the applicant 2 and the daughter of the complainant were residing as husband and wife and daughter of the complainant eloped with the present applicant and, at that time, she was pregnant and, thereafter, a child was born to the said prosecutrix Manisha. All expenses have been paid by the present applicant. Applicant and the said Manisha resided as husband and wife. The date of delivery of child is 8/6/2009. On that date, age of the prosecutrix was 16 years and 11 months and, therefore, it cannot be said that at the inception of pregnancy she was below 16 years of age. Prima facie, it does appear that the prosecutrix had eloped with the applicant willingly and she was not below 16 years of age at the time of inception of pregnancy. Applicant is in jail since 20/6/2009. Charge-sheet already has been filed. Under these circumstances, therefore, the applicant deserves to be released on bail. 4. Applicant be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant shall report to the concerned Police Station once in a month. 5. Application is disposed of. (V.M. KANADE, J.) 3