..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2394 OF 2008 Dada Adnyan Gorad. ..Applicant. Versus Versus Versus State of Maharashtra ..Respondent. .... Mr.Kedar J. Patil, Adv. for the applicant. Mr.S.S.Pednekar, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 24th July, 2008. DATED : 24th July, 2008. DATED : 24th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.21 of 2008 of Malshiras Police Station, Solapur. The said case is under Section 376 of IPC. 3. The prosecutrix developed intimacy with the applicant. The prosecutrix knew that the applicant was married and he had children. Despite this fact, the prosecutrix and the applicant decided to get married on 3.4.2008. On 3.4.2008 the applicant told the prosecutrix to ..(2).. wait for a few more days and thereafter they would assess the situation. However, the prosecutrix insisted that the applicant should marry her on that day itself. On the insistence of the prosecutrix, the applicant got married to her. When they went to the house of the applicant, his wife threw the prosecutrix and the applicant outside the house. Hence, they went to a field. It is the case of the prosecutrix that she and the applicant indulged in sexual intercourse in the field. 4. On perusal of the statement of the prosecutrix, it is seen that she has not stated that the applicant had forcible sexual intercourse with her or that the intercourse was without her consent or against her will. The statement of the prosecutrix shows that she was in love with the applicant and from her own statement it is clear that she had insisted that the applicant should get married to her. 5. The learned APP has pointed out that the prosecutrix was 15 years and 8 months at the time at the time of the incident. However, looking to ..(3).. the facts of this case, it appears that the prosecutrix had sufficient knowledge and understanding to know the nature and consequences of her act. Looking to these facts, I am inclined to grant bail to the applicant. 6. The applicant - Dada Adnyan Gorad to be released on bail in the sum of Rs.20,000/- with one or two sureties to make up the said amount. The applicant shall report to Malshiras Police Station, Solapur once in a month, till conclusion of the trial. 7. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)