DATTU DHARMA MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In all four persons including the present petitioner went to the house of complainant, Ragho Gotiram Patil of village Todaregaon, Taluka Panvel, District Raigad in the noon in Armada Jeep and then the daughter of the complainant by name Nanda aged 18 years is alleged to be forcibly taken in that Armada Jeep initially to Pen and thereafter to Lonavala and one of the accused by name Prakash is alleged to have raped upon her and later on married at Pen where that marriage is also registered. On the complaint lodged by Ragho, they were traced and accordingly, petitioner came to be arrested on 27th August 1997. He had applied for grant of bail to Sessions Court Raigad but his application came to be rejected on 4th September 1997. Hence this application.

(2.) Other two accused in this case viz., Yadneshwar and Goondaji @ Gunaji had applied to this court in Criminal Applications No.3133/1997 and 3480/1997 and they came to be released on bail on 11th November 1997 and 5th December 1997 respectively by Justice Parkar on the ground that they were not concerned with the offence under S.376 IPC.

(3.) The role attributed to the present petitioner is that he held the legs of girl, Nanda when Prakash caught hold of her hands and they brought her to Armada Jeep. There is also no allegation of rape as against the present petitioner.