Bombay High CourtBA/651/2017allowed

Varsha W/O. Shyamrao Barve v. State Of Maharashtra Thr. Police Station Officer Sakoli Tah. Sakoli Dist. Bhandara

2017-07-18Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba651.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 651 OF 2017 Varsha W/o Shyamrao Barve ..VS.. State of Maharashtra, through Police Station Officer, Sakoli, Tah. Sakoli, Distt. Bhandara - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.P. Kalmegh, Advocate for the Applicant. Shri A.D. Sanak, A.P.P. for the non-applicant / State. CORAM : Z.A.HAQ, J.

DATED : 18.7.2017.

Heard.

The applicant is arrested on 18th January, 2017 in connection with crime registered against her and Seven others for the offences punishable under Sections 376(2)(j), 363, 366, 496, 323 and 120-B read with Section 34 of the Indian Penal Code, Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2007 and Sections 4, 6 and 10 of the Protection of Children from Sexual Offences Act, 2012, on the accusations that under the pretext of taking the complainant (aged about 16 years and 6 months) for treatment, the accused took the complainant to Ajmer (Rajasthan), and solemnized her marriage forcibly with accused No.8 - Uddhal, who sexually assaulted the victim. The accusations against the applicant are that she was member of the group which committed offence of abduction and kidnapping. The charge-sheet is filed on 17th April, 2017. The non-applicant has not been able to show that the custody of the applicant is required for further investigation. By order passed by this Court on Criminal Application (BA) No.581/2017 on 3rd July, 2017, it is directed that co-accused

2 ba651.17 Ganpat be released on bail. The applicant has stated that she is not involved in any other crime/offence.

Considering the facts of the case and the nature of accusations against the applicant, following order is passed : The applicant having been arrested in connection with Crime No.14 of 2017 registered by the non-applicant, she be released on bail on executing P. R. Bond of Rs.50,000/- (Rs. Fifty Thousand) and furnishing two solvent sureties for Rs.25,000/- (Rs. Twenty Five Thousand) each. The application is allowed in the above terms. JUDGE Tambaskar.