Sarang Rajaram Munde v. State Of Maharashtra Thr Pso, Ps Jalamb, Tah. Shegaon Dist Buldhana
2025:BHC-NAG:10509 1 40.ba.1116.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1116/2025 Sarang Rajaram Mudnde Vs. State of Maharashtra and Anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. H. V. Dhage, Advocate for the Applicant.
Mr. V. A. Thakare, A.P.P. for the Non-applicant/State. Mr. D. A. Tayade, Advocate for Non-applicant No.2. CORAM : MRS.VRUSHALI V. JOSHI,J.
DATED : 08/10/2025.
.
Heard.
2.
The applicant is arrested in Crime No.150/2025 registered at Police Station, Jalamb, District Buldhana for the offences punishable under Sections 64(2)(i), 64(2)(j), 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006.
3.
The case of the prosecution in brief is as under : The victim was admitted in the casualty for the purpose of her delivery to the District Women's Hospital, Akola. The Medical Officer has informed the police that a minor girl has delivered a baby. Thereafter, the crime is registered against the applicant as it was child marriage. 4.
The learned Counsel for the applicant has stated that the allegations are made against this applicant about rape as he has performed the marriage with the victim when she was minor. The victim was 17 years of the age at that time and thereafter, she has delivered a baby. When the victim was minor, the applicant had sexual relations with her, the crime is registered.
2 40.ba.1116.25 5.
The learned Counsel for the victim has stated that he has no objection to release the applicant on bail as the applicant is her husband.
6.
Considering the circumstances that at the time of delivery, the victim was minor, now she is major and the applicant is her husband, the applicant needs to be released on bail. Accordingly, I proceed to pass the following order :
i] The criminal application is allowed.
ii] The applicant shall be released on bail in connection with Crime No.150/2025 registered at Police Station, Jalamb, District Buldhana for the offences punishable under Sections 64(2)(i), 64(2)(j), 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, on furnishing P.R.
Bond of Rs.25,000/- with one solvent surety in the like amount.
iii] The applicant shall not in any way tamper with the prosecution evidence.
iv] The applicant shall not pressurize or threaten the prosecution witnesses.
v] The applicant shall attend the concerned police station on every Monday and Saturday between 1:00 p.m. to 2:00 p.m.
3 40.ba.1116.25 vi] The applicant shall co-operate the investigation officer.
The Criminal application is disposed of accordingly.
(MRS. VRUSHALI V. JOSHI, J.) RGurnule