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Bombay High CourtABA/2042/2019anticipatory bail granted

Rihana Abdul Khan v. The State Of Maharashtra

2019-10-16Hon'Ble Justice Revati Mohite Dere2 pages

aba.2042.19.921.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2042 OF 2019 Rihana Abdul Khan ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Dilip B. Shinde for the Applicant Ms. P. P. Shinde, A.P.P for the Respondent-State PSI Mr. D. R. Kumbhar from Vartak Nagar Police Station, Thane, is present CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 16 th OCTOBER 2019 P.C.

Heard learned counsel for the parties.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. I-213 of 2019 registered with the Vartak Nagar Police Station, Thane, for the alleged offences punishable under Sections 363, 366 and 34 of the Indian Penal Code and under Section 12 of the Protection of Children from Sexual Offences Act. Perused the papers. According to the prosecution, the incident took place on 10th August 2019 at about 5:30 p.m. It is alleged by the prosecution, that the victim girl, aged 17 yeas 8 months went to the school SQ Pathan 1/2

aba.2042.19.921.doc and after telling her teacher that she was going to bathroom, left the classroom and did not return back. The victim girl's relatives searched for her, however, she could not be traced, pursuant to which, the aforesaid complaint was lodged. It appears that the victim girl was found on the next day. The applicant is the sister of the boy who allegedly kidnapped the girl. Prima facie, it appears that the applicant was admitted in Kalwa Hospital on 10th August 2019. The applicant has reported to the Investigating Officer as directed vide order dated 20th September 2019. Considering the aforesaid, in the facts, custodial interrogation of the applicant is not warranted. Accordingly, the interim order dated 20th September 2019 is confirmed on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount.

The application is allowed in the aforesaid terms and is accordingly disposed of.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

SQ Pathan 2/2