Vanita Diwakar Khandar @ Anjali Maroti Wankhede (In Jail) v. The State Of Maharashtra Thr. Police Station Officer P.S. Ajni Nagpur

1 ba619.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 619 OF 2017 (VANITA DIWAKAR KHANDAR @ ANJALI MAROTI WANKHEDE....VS.. STATE OF MAH.THR.P.S.O., AJNI, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Akash Moon, Advocate for Applicant.

Shri T.A.Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JULY 18, 2017.

The applicant is arrested on 26th July, 2016 in connection with Crime No. 38 of 2016 registered against five persons (including the applicant) for the offences punishable under Sections 363, 365, 366(A), 506, 376(D), 368, 370, 120(B) of the Indian Penal Code and Sections 3, 4 and 5(g) of the Protection of Children from Sexual Offences Act, 2012. The crime is registered on the complaint lodged by Lata Tijare that the applicant and co-accused Guddi had been acquainted with the family of the complainant and on the pretext of going on a tour of Rajasthan, the applicant, co-accused Guddi and co-accused Majbutsingh Yadav-husband of Guddi, took daughter of the complainant Payal (aged about 17 years) and forcibly performed her marriage with co-accused Mukut Gurjar. It is alleged that Mukut Gurjar and his younger brother Ratan Gurjar sexually assaulted the victim-Payal. The application is opposed on the ground that the statements of the complainant and the victim show involvement of the applicant in the crime and the crime is serious in nature having been committed against the minor.

2 ba619.17 The applicant, woman aged about 40 years, claims that she is having one son and two daughters and has stated that she is not involved in any other crime/ offence. The investigation is complete and charge-sheet is filed on 7th May, 2016. The non-applicant has not been able to point out that custody of the applicant is required for further investigation.

In the facts of the case, following order is passed: The applicant having been arrested in connection with Crime No.38 of 2016, registered by the non-applicant, she be released on bail on executing P.R. Bond for Rs.Fifty Thousand and furnishing one solvent surety in the like amount.

The application is allowed in the above terms. CRI.APPLN.(APPP) NO.1111/2017.

In view of disposal of the bail application, the application praying for time to file documents on record does not survive, hence, it is disposed of.

JUDGE RRaut..