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Bombay High CourtABA/970/2025disposed off

Kaushalya Navnath Doke And Others v. The State Of Maharashtra And Another

2025-09-22Hon'Ble Shri Justice Neeraj P. Dhote3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

31 ANTICIPATORY BAIL APPLICATION NO.970 OF 2025 1.

Kaushalya Navnath Doke 2.

Navnath Bhau Doke 3.

Rani Gorakh Pawar ..Applicants

Versus

The State of Maharashtra And Another ..Respondents .....

Shri. Sayyed Tauseef Yaseen, Advocate for the Applicants Shri. C. V. Bhadane, APP for the Respondent No.1 - State. Ms. Akshara S. Madake, Advocate for Respondent No.2 (Appointed) ......

CORAM : NEERAJ P. DHOTE, J.

Dated :

SEPTEMBER 22, 2025 PER COURT :- .

Heard the learned Advocate for the Applicants, the learned APP for the State and the learned Advocate for the Respondent No.2. 2.

Since the Applicants are apprehending arrest in connection with Crime No.0135/2025 registered with Aashti Police Station, Dist. Beed for the offences punishable under Sections 9, 10 & 11 of the Prohibition of Child Marriage Act, 2006, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), and Sections 64 (1), 65, 65(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), they have filed this Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS).

3.

The said Crime is registered by one lady Police Constable that, on 18.03.2025 information was received from Sasoon General Hospital, Pune that one minor girl / Victim aged 15 (fifteen) years and 9 (nine) months was admitted for delivery. The said minor delivered a child. The Informant went to hospital and recorded the Statement of the Victim. The Victim stated that, she was married to Accused No.4 - Avinash, aged - 34 years, who was the son of her Aunt. The Victim's Father died two (2) years back. The Mother of Accused No.4 - Avinash, who is Accused No.2 - Kaushalya, proposed the marriage of her son - Accused No.4 - Avinash with her (Victim). Her mother, Accused No.1 - Rani, agreed for the same. The Victim was not ready for the marriage as she was minor. However, the Accused Nos.1 to 3 got married the Victim with the Accused No.4 - Avinash. Hence, the above referred Crime came to be registered.

4.

Prima facie the sections of POCSO and the BNS invoked in the Crime are not attracted against the Applicants. The Accused No.4 - Avinash is enlarged on Regular Bail by the Sessions Court. The Applicants are protected by Interim Order dated 18.06.2025 on certain conditions. They have cooperated with the investigating machinery. The investigation is almost over. Under such circumstances and considering the nature of the offence as against the Applicants, I am inclined to confirm the Interim Protection. Hence, the order.

ORDER

(i) The Interim Protection dated 18.06.2025 is confirmed. (ii) The Fees of the learned Advocate Ms. Akshara Madake appointed to represent the Respondent No.2 - Victim is quantified at Rs.10,000/- (Rs. Ten Thousand) for the Application, to be paid by the High Court Legal Services Sub-Committee, Aurangabad. (iii) The Application stands disposed off.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 22/09/2025 19:35:16