Bombay High Court
RITESH SHYAM PATELversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHYAM C CHANDAK
Holding
The court held that, as the investigation was concluded and continued detention served no purpose, the applicant was entitled to bail notwithstanding the serious nature of the charges.
Summary
The applicant, Ritesh Shyam Patel, sought bail in a case registered under Section 376(2)(n) of the IPC and Section 4 of the POCSO Act, stemming from a relationship with a minor who later married him after attaining majority. The prosecution narrated that the minor eloped with the applicant, was later kidnapped, became pregnant, and gave birth to a stillborn child, leading to the filing of the offences. The court noted that the investigation was complete and further detention would not serve any purpose. Considering the facts and the completion of investigation, the court concluded that the applicant was entitled to bail. Accordingly, bail was granted on condition of a bond, sureties, and compliance with procedural directions, without expressing any opinion on guilt.
Issues considered
- Whether the applicant is entitled to bail despite being charged under Section 376(2)(n) of the IPC and Section 4 of the POCSO Act.
- Whether the completion of investigation and lack of necessity for further detention justify granting bail.
Legislation cited
- Indian Penal Code, 1860 — s. 363, 376(2)(n)
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- bail
- IPC 376
- POCSO Act
- rape of minor
- criminal procedure
- investigation completed
- marriage of minor
Judgment
HEMANT
CHANDERSEN
SHIV
H.C.SHIV 17.ba4771.25.doc
Digitally signed by
HEMANT
CHANDERSEN SHIV
Date: 2026.07.04
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
15:36:03 +0300 CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.4771 OF 2025
Ritesh Shyam Patel ...Applicant
V/s.
State of Maharashtra & Anr. ...Respondents
Ms. Mridul Das i/b Abhinav Dubey for the Applicant.
Mr. V. A. Kulkarni, APP for Respondent No.1-State.
Mr. Danish Patel, Advocate appointed for Respondent No.2.
Mr. Mohan Jadhav, API, Kurar police station present.
CORAM : SHYAM C. CHANDAK, J.
DATED : 2nd JULY, 2026
P.C. :-
1. Present Application seeks release of the Applicant on bail in
connection with FIR bearing C.R. No.198 of 2023, registered with Kurar
police station under Section 376(2)(n) of the Indian Penal Code (“I.P.C.”)
and Section 4 of the Protection of Children from Sexual Offences Act, 2012
(“POCSO”).
2. Heard Ms.Das, learned Counsel for the Applicant, Mr.Kulkarni,
learned APP for Respondent No.1-State and Mr.Patel, learned Advocate for
Respondent No.2.
3. The prosecution case is that, since childhood the victim was residing
with her Maternal Uncle. At the relevant time, love relationship were
established between the victim and the Applicant. Therefore, the victim
eloped alongwith the Applicant in March 2022. It led to filing of a report of
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H.C.SHIV 17.ba4771.25.doc
kidnapping which was registered as C.R. No.241 of 2022, under Section
363 of I.P.C. at Kurar police station. Thereafter, in April 2022, the victim
and the Applicant were called to the Kurar police station. The victim was
referred for medical examination and the Applicant was arrested.
Thereafter, the Applicant got released on bail in September 2022. Further,
in the first week of November 2022, the Applicant called the victim at his
residence, where they both had physical relationship. In December 2022,
the victim realised that she was pregnant and she informed the said fact to
the Applicant. Since the victim was minor, the marriage was not possible,
therefore, the two waited for some time. Thereafter, on 13 th February 2023,
the victim and the Applicant got married. Further, on 24 th March 2023, the
victim delivered a stillborn baby. Since, the victim was minor, therefore, on
the report filed by Appa Halle, police constable, the aforesaid crime came
to be registered and the Applicant was arrested. On completion of the
investigation, the charge-sheet came to be filed.
4. Considering the aforesaid facts of the case, it is evident that the
victim and the Applicant being young and in love relationship, they had
physical relationship. Consequently, the victim got pregnant. However, as
their marriage was not possible, they waited until the victim became a
major. The supplementary statement of the victim states that after she
became major, she got married with the Applicant on 14th February 2023.
5. The investigation is over. Further detention of the Applicant in jail
will not serve any purpose. Therefore, the Applicant is entitled for bail.
Hence, following Order is passed:-
(i) The Applicant-Ritesh Shyam Patel shall be released on bail in
connection with FIR bearing C.R. No.198 of 2023, registered with
Kurar police station under Section 376(2)(n) of the I.P.C. and
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H.C.SHIV 17.ba4771.25.doc
Section 4 of the POCSO Act, on his executing P.R. Bond in the sum
of Rs.50,000/- with one or two sureties in the like amount.
(ii) The Applicant shall regularly attend the proceedings before the
jurisdictional Court unless exempted by the said Court, for the
reasons to be recorded in writing.
(iii) The Applicant shall not tamper with the prosecution evidence
and shall not directly or indirectly influence upon the prosecution
witnesses to prevent them from deposing against him.
(iv) On being released from jail, the Applicant shall furnish his
contact number and residential address to the Investigating Officer
and shall keep him updated, in case there is any change.
(v) By way of abundant caution, it is clarified that the observations
made hereinabove are confined for the purpose of determination to
the entitlement for bail and they may not be construed as an
expression of opinion on the guilt or otherwise of the Applicant and
the trial Court shall not be influenced by any of the observations
made hereinabove.
6. Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)
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