(1) CRI. APLN. 5133.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5133 OF 2010 Mohan S/o Kisan Chavan Age : 25 years, Occu.: Education, R/o. Parali (V), Tq.Parali, Dist. Beed Applicant VERSUS The State of Maharashtra Through Police Station, Wadwani, Dist. Beed Respondent ..... Mr. S.J. Salunke, Advocate for the Applicant. Mr. P.P. More, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 14TH DECEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicant is arrested for commission of offences under section 363, 366-A and 376 of the Indian Penal Code. 3. Having heard learned Advocate for the applicant and learned A.P.P. and on perusal of the FIR etc., it prima facie appears that the prosecutrix went with the applicant. They together went to (2) CRI. APLN. 5133.2010 Mahadev Temple at Pen (Dist. Raigad). The statement of Priest by name Bhalchandra Patil purports to show that the applicant and one Ashok Salunke together went to the temple on 5.8.2010 and in the evening, they returned to the temple alongwith the prosecutrix. The Police Patil-Bhalchandra Patil enquired with the prosecutrix about her age. She gave a statement to the effect that she was aged 19 years. This conduct of the prosecutrix shows that she was prima facie a willing party for the marriage. The marriage did take place in the temple as it was assured by the applicant. It is subsequently alleged that the applicant had forcibly taken away the prosecutrix against her will and she was forced to give her age as 19 years during the course of the marriage ceremony. The prosecutrix did not make any attempt to raise any alarm. The prosecutrix and the appellant travelled together in Parali-Pune S.T. Bus. She did not request any of the passenger or the S.T. Bus Conductor to help her. 4. Having regard to the conduct of the prosecutrix, the mere fact that she was 15 years old (3) CRI. APLN. 5133.2010 at the relevant time, which is a disputed question of fact, will not dis-entitle the applicant from seeking bail. 5. In the result, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs.20,000/- (Rs.Twenty Thousand) with a solvent surety bond in the like sum and on condition that he shall not make any attempt to tamper with the evidence of the prosecution. Sd/- [V. R. KINGAONKAR, J.] arp