Shivlal @ Shivsen Chaban Fajage v. The State Of Maharashtra

30 aba 2234-21=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2234 OF 2021 Shivlal @ Shivsen Chaban Fajage ..Applicant V/s.

The State of Maharashtra & Anr.

..Respondents ---- Mr. Prashant Hagare for the Applicant.

Mr. N.B. Patil , APP for the Respondent/State. Ms. Manisha Devkar for the Respondent No.2.

---- CORAM : C.V. BHADANG, J.

SNEHA NITIN CHAVAN SNEHA NITIN CHAVAN Date: 2022.03.08 18:56:16 +0530 DATE : 8 MARCH 2022 P.C.

1.

The Applicant, apprehending his arrest, in connection with the investigation of Crime No. 397 of 2021 registered with Baramati Taluka Police Station, Dist. Pune under Section 363, 366, 376, 109 of IPC and Section 4, 6, 42 of the Protection of Children from Sexual Offences Act, 2012 and under Section 9, 10, 11 of the Prevention of Child Marriage Act, 2007, is seeking anticipatory bail.

2.

Heard the learned counsel for the parties. Perused record. Sneha Chavan page 1 of 2

30 aba 2234-21=.doc 3.

This Court by a detailed order dated 22.09.2021 has granted interim protection to the Applicant. It is undisputed that only role attributed to the Applicant is that he helped the main accused, who is brother-in-law of the Applicant, in getting married with the victim, who was then a minor girl aged about 17 years and 6 months.

4.

The learned counsel for the Applicant states that a formal marriage ceremony is again performed after the girl has attained majority.

5.

The learned counsel for the Applicant as well as Respondent-complainant, who is the father of the girl state that the girl and the main accused are happily staying together as husband and wife.

6.

In that view of the matter, criminal application is disposed of in terms of order dated 22.09.2021, which is hereby made absolute subject to the condition that the Applicant shall cooperate with the investigation, if any. (C.V. BHADANG, J.) Sneha Chavan page 2 of 2