OMKAR NARENDRA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking anticipatory bail in connection with C.R. No. 40 of 2021 registered with Vangaon Police Station under Sections 376, 417 of Indian Penal Code.

(2.) F.I.R. is lodged by the prosecutrix who is 24 years of age. It is stated in the F.I.R. that she got acquainted with the applicant through her cousin and the acquaintance turned into love relationship. It is alleged that on 11 th March, 2020 the applicant took the informant to a temple at Vivalvedhe, Tal. Dahanu. There the applicant put Kumkum on her forehead and declared that she was married to him. It is further mentioned in the FIR that on 19th March, 2020 the applicant approached the informant's family and proposed for their marriage. The informant's family members accepted that proposal. Thereafter, lockdown was imposed. In June 2020 the applicant took the informant to his fat at Vangaon. There the applicant told the informant that there was already marriage in the temple and they could have physical relationship. It is also mentioned in the FIR that in-spite of her resistance, he had kept physical relations with her. The same incident was repeated at the same fat in July 2020. It is further alleged that on 14 th February, 2021 the applicant took the informant to his fat at Dahisar, Mumbai and there also they had physical relations. It is also mentioned in the FIR that, on 24th March, 2021 the informant's elder sister told her that the applicant was to get married to another girl on 19 th May, 2021. The informant confronted the applicant on 25 th March, 2021. It is alleged that the applicant then spoke to an advocate and they were to meet in Court at Dahanu. However, the applicant did not meet the informant. The informant called the applicant's father telephonically. He told the informant that the applicant was to get married to another girl and that she should forget the applicant. As there was no further progress, the informant lodged the FIR.

(3.) Heard Smt. Raje, the learned counsel for the applicant as well Mr. S.H.yadav, learned APP for the respondent/ state.