Seema Deepak Thakur v. State Of Maharashtra

bipin prithiani 905-aba-1870.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1870 OF 2024 Seema Deepak Thakur ...

Applicant

Versus

The State of Maharashtra ...

Respondent ****** Mr. Prabhanjay R. Dave a/w Jadhav Anish for the Applicant. Ms. Megha S. Bajoria, APP for Respondent-State. Mr. Khadke, API, NRI Sagari Police Station, Navi Mumbai. ****** CORAM: MANISH PITALE, J.

DATE : 1st AUGUST 2024 P.C. :

.

Although, initially FIR in the present case was registered for offence under Section 363 of the Indian Penal Code, 1860 (IPC), in the peculiar facts and circumstances of the present case, the informant himself was arraigned as an accused and as on today, offences have been registered against the accused persons under Sections 363, 376, 370, 465, 468 and 471 of the IPC, as also Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (PITA Act) and also the provision of Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

2.

Considering the fact that the offences under POCSO Act are also registered against the accused persons and the informant himself is now an accused, it is necessary to add the victim as party respondent No.2 and to issue notice to her before considering the present application.

bipin prithiani 905-aba-1870.24.doc 3.

In view of the above, leave is granted to the applicant to add the victim as respondent No.2 by appropriately concealing her identity. Amendment to be carried out forthwith. 4.

Issue notice to newly added respondent No.2, returnable on 9th August 2024. The notice shall be served through the Investigating Officer, for which purpose the applicant shall serve additional set of papers on the Investigating Officer. 5.

This Court heard the learned counsel for the applicant, who was pressing for interim relief. But, considering the fact that in the present case, the victim was only about 12 years old when her sexual exploitation allegedly started and the applicant/accused is her maternal aunt, in whose custody the victim was at the time when such activities were undertaken, no case is made out for granting interim relief.

6.

List this application on 9th August 2024, to be included in the supplementary list.

MANISH PITALE, J.

DHARMENDER PRITHIANI Date: 2024.08.01 16:17:28 +0530 BIPIN DHARMENDER PRITHIANI