1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3961 OF 2008 Sampeter Symond Nadar .. Applicant. Vs. The State of Maharashtra .. Respondent. Mr.G.K.Jadhav for the applicant. Mr.H.J.Dedhiya A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 17TH NOVEMBER, 2008. DATED : 17TH NOVEMBER, 2008. DATED : 17TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-23 of 2008 of Kulgaon police station, Badlapur. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 366 and 376 of the IPC. It is on the allegations that during the period 14.4.2008 and 14.6.2008 the applicant had sexual intercourse with prosecutrix on several occasions in different lodges on the pretext that he would marry her. On 13.6.2008 the prosecutrix came to know that the applicant was already married and even thereafter, as seen from the statement of the prosecutrix, atleast on one more occasion they had sexual intercourse. Mr.Jadhav, 2 2 2 learned counsel for the applicant submitted that from the statement of the prosecutrix it is clear that it was a consentual sexual intercourse and hence the provisions of section 366 and 376 of IPC are not attracted. I have perused the FIR and other material on record. Having regard to overall facts and circumstances of the case I am inclined to release the applicant on bail. Hence the following order: . The applicant be released on bail in the sum of Rs.30,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the Kumbharwada police station, Bhiwandi, Dist.Thane on every Wednesday and Saturday between 7.00 p.m. and 8.00 p.m. for a period of three months and thereafter on every Saturday between 7.00 p.m. and 8.00 p.m. till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)