Bombay High CourtABA/350/2017allowed

Ankush S/O Biren Mandal And Another v. State Of Maharashtra, Thr. P.S.O. P.S. Aheri, Gadchiroli

2017-07-04Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba350.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 350 OF 2017 (MR. ANKUSH S/O BIREN MANDAL AND ANOTHER...VS.. STATE OF MAH. THR. P.S.O. PS AHERI, DISTT.GADCHIROLI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. R. Vyas, Advocate for Applicant.

Shri V. A. Thakre, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 4 th JULY , 2017.

Heard.

The applicants seek pre-arrest bail apprehending arrest in connection with crime registered against them for the offences punishable under Sections 363 and 366 read with Section 34 of the Indian Penal Code.

The crime is registered on the complaint of Prabhash Gaur Mandal that the applicants and co-accused Jaidev abducted her daughter (aged about 15 years and 7 months) from his house.

The facts on record show that co-accused Jaidev insisted for marriage with the victim.

According to the applicants, the victim voluntarily left her house and they only assisted their friend Jaidev and the victim.

2 aba350.17 Co-accused Jaidev is released on bail giving benefit of provisions of Section 167(2) of the Code of Criminal Procedure.

Considering the facts of the case, nature of accusations against the applicants and as non-applicant has not been able to point out that the custody of the applicants is required for further investigation, the following order is passed :

In the event of arrest in connection with crime registered vide First Information Report No.45 of 2017 by the non-applicant, the applicants be released on bail on executing P. R. Bond of Rs.20,000/- each.

The application is allowed accordingly.

JUDGE PBP