Satish S/O Sureshlal Kothari v. The State Of Maharashtra

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 6930 OF 2014 SATISH S/O SURESHLAL KOTHARI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shaikh Mazhar A. Jahagirdar APP for Respondent: Mr. A. V. Deshmukh.

***

CORAM:

T. V. NALAWADE, J.

DATED:

12th JANUARY, 2015.

PER COURT:

1.

The application is filed for bail.

2.

Both the sides are heard.

3.

This Court has perused the papers of investigation. 4.

The crime is registered for offence punishable under section 376 of Indian Penal Code, two sections of Prevention of Children from Sexual Offences Act and also 2 sections of Child Marriage Restraint Act.

5.

The prosecutrix, who has given her age as 15 years, made allegations that against her desire she was given in marriage with the present Applicant when she was minor. It is her case that the Applicant has sexual intercourse with her. On the date of report she was carrying pregnancy of 4

-:(2):- months. It is her case that she was virtually abandoned by her parents also. The report is given against her parents also. 6.

Learned counsel for the Applicant submitted that the applicant is behind bars since 7th November, 2014. In view of the nature of allegations, this Court holds that it is not desirable to keep the applicant behind bars till disposal of the case.

7.

In the result, the application is allowed. The Applicant is to be released on bail on his furnishing P.R. & S.B. of Rs.15,000/-.

8.

He is not to tamper prosecution witness. He is not to commit similar offence. He is not to go to the vicinity where the prosecutrix is residing.

[T. V. NALAWADE, J.] Dt.12/01/2015 ans/6930