Bombay High CourtABA/450/2017allowed

Dayaram S/O. Jayram Mavskar And Another v. State Of Maharashtra Thr. P.S.O. Police Station Dharni Dist. Amravati

2017-06-27Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba450.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 450 OF 2017 (DAYARAM JAYRAM MAVSKAR & ANR...VS.. STATE OF MAH. THR. P.S.O. DHARNI, DIST. AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.B.Zinjarde, Advocate for Applicant.

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

CORAM : Z.A.HAQ, J.

DATED : JUNE 27, 2017.

Heard.

The applicants (husband and wife) apprehending arrest in crime registered against them and their son Abhijeet (aged about 19 years) for the offences punishable under Section 376(2)(n) of the Indian Penal Code and Sections 6 and 17 of the Protection of Children from Sexual Offences Act, 2012, have sought pre-arrest bail. The crime is registered on the complaint of Ku. Sarswati (aged about 16 1⁄2 years) that co-accused Abhijeet has committed sexual assaults upon her and the applicants (father and mother of Abhijeet) facilitated commission of the offence by Abhijeet in their house.

According to the applicants, considering the intimacy between Abhijeet and the victim, the parents of victim themselves brought the victim to the house of the applicants and left her at their house saying that the marriage between Abhijeet and the victim should be solemnized.

2 aba450.17 The applicant No.1(aged about 50 years) claims to be the labourer and applicant No.2 (woman aged about 45 years) claims to be Anganwadi Sevika. The applicants have stated that they are not involved in any other crime/ offence. Considering the facts of the case and the nature of the accusations against the applicants, following order is passed :

In the event of arrest in crime No.303 of 2017, registered by the non-applicant, the applicants be released on bail on executing P.R. Bond for Rs.Twenty Thousand each. The application is allowed in the above terms. JUDGE RRaut..