JUDGMENT

N.N. Mathur, J - The accused petitioner is facing trial for offence under Sec. 376 of the IPC in the Court of learned Addl. Sessions Judge, Valsad at Navsari. He was granted bail by order of the Addl. Sessions Judge dated 26-8-1996. While granting bail the learned Judge has imposed the condition that the accused petitioner shall pay Rs. 700/- per month as compensation to the prosecutrix -Ranjanben till the disposal of the case. The petitioner has approached this Court under Sec. 482 read with Sec. 439 bf the CLP.C to modify the order dated 26-8-1996 and to quash and set aside the said condition.

2. The facts of the case is that on 18-8-1996 a complaint was lodged at Police Station. Valsad Rural stating that Ranjanben was raped by the accused. It is also alleged that the accused promised to marry with the prosecutrix. However, when she informed about her pregnancy, the accused betrayed her. The trial Judge, relying on the decision of the Apex Court in the case of Bodhisattwa Gautam v. Subhra Chakraborty1. while granting bail pending the trial imposed the impugned condition.

3. In Bodhisattwa's case (supra), the prosecutrix- Subhra Chakraborty (hereinafter referred to as’s’)