..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2653 OF 2008 Dnyaneshwar Shankar Vanave. ..Applicant. Versus Versus Versus State of Maharashtra ..Respondent. .... Mr.Viresh V. Purwant, Adv. for the applicant. Mr.H.J.Dedia, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 27th August, 2008. DATED : 27th August, 2008. DATED : 27th August, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking anticipatory bail in C.R.No.150 of 2008 of Walchandnagar police station, District - Pune. The said case is under Section 376 of IPC. 3. FIR came to be lodged by the prosecutrix on 23.7.2008 stating that she knew the applicant.. The applicant had promised her that he would marry her and since about one year, prior to filing of the FIR, the applicant was having sexual intercourse with the prosecutrix. The prosecutrix ..(2).. became pregnant. Thereafter, the applicant refused to marry her. Hence, the FIR was lodged. 4. The learned Advocate for the applicant submitted that it is a case of consent as the prosecutrix has not stated anywhere that the sexual intercourse was against her will or without her consent. The prosecutrix was about 17 years old at the time of lodging of FIR. She has stated that since one year the applicant was having sexual intercourse with her. This would show that about one year prior to the incident the prosecutrix could have been below 16 years of age. In such case, the consent would be immaterial. The investigation in the present case is going on. The learned APP has also pointed out that the applicant on 14th August, 2008 had threatened the mother of the prosecutrix’s that the prosecutrix should withdraw her complaint against him. Looking to all these facts, I do not think that this is a fit case to grant anticipatory bail. Application for anticipatory bail is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)