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Bombay High CourtABA/169/2026dismissed

Rahul S/O Ashok Zalte v. The State Of Maharashtra Thr Pso Bhandara Dist Bhandara

2026-03-05Hon'Ble Shri Justice Rajnish R. Vyas4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.169 OF 2026

1. Prabhakar Ramchandra Ranaware

2. Sandhya Prabhakar Ranaware

3. Pratik Prabhakar Ranaware ...Applicants

Versus

State of Maharashtra & Anr.

...Respondents

BHALCHANDRA GOPAL DUSANE Mr. Prashant S. Hagare, Advocate for Applicants. Ms. R.V. Newton, APP for the State.

Ms. Manisha Devkar, for Respondent No.2.

BHALCHANDRA GOPAL DUSANE Date: 2026.01.20 12:26:31 +0530

CORAM:

MADHAV J. JAMDAR, J.

DATED :

19th January 2026 P.C.:

1.

Heard Mr. Hagare, learned Counsel appearing for the Applicants, Ms. Devkar, learned Counsel for Respondent No.2 and Ms. Newton, learned APP for the State.

2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicants are seeking pre-arrest bail in connection with C.R. No.621 of 2025 registered with Daund Police Station, Pune Rural, for the offences punishable under Sections 64(2)(1), 64(2)(m), 64(2)(i) of the Bharatiya Nyaya Sanhita, 2023 ("BNS"), under Sections 12, 17, 4,

6 and 8 of Protection of Children From Sexual Offences Act, 2012 ("POCSO") and under Sections 10, 11 and 9 of Prohibition of Child Marriage Act, 2006.

3.

The prosecution case is set out in paragraph Nos. 2, 3 and 4 of the Order dated 29th October 2025 passed by Special Judge, Baramati (Under POCSO Act) in Criminal Bail Application No. 793 of 2025, which reads as under :

"2.

The victim X (name is not disclosed to withhold identification) was admitted in Rural Hospital, Natepute for delivery. Medical Officer who attends her found that she is "child" below the age of 18 years contemplated under POCSO Act. So, the Medical Officer has informed about admission of victim girl to Natepute Police Station.

3] On receiving information Head Constable Dhanaji Bapusaheb Shelke i.e. informant visited hospital and recorded statement of victim girl. From the statement given by victim he came to know that date of birth of victim girl on Adhar card is 01.01.2009 and her date of birth mentioned in School Leaving Certificate is 16.09.2007. According to information given by victim, her father and one Akhade sir have performed her marriage with accused No. 7 on 18/02/2024. Thereafter they have had sexual intercourse. The victim was pregnant and admitted in hospital for delivery. On the basis of statement of victim girl Head Constable Dhanaji Shelke has registered Crime against accused No. 1 to 7 vide Cr. No. 00/2025. The offence being committed within jurisdiction of Daund Police Station. He has forwarded his report to Daund Police Station for its registration and further action.

4] At Daund Police Station, the report filed by Dhanaji Shelke came to be registered vide Cr. No. 621/2025 for the offence punishable u/Secs. 64(2)(1), 64(2)(m), 64(2)(i) of Bharatiya Nyay Sanhita (In short 'BNS.') and under Section 4, 6, 8, 12 and 17 of Prevention of Children from Sexual Offence Act, (herein- after in short 'the POCSO Act') and under Secs. 7, 10, 11 of the Prohibition of Child Marriage Act, 2006. Accused/applicants having apprehension of their arrest have filed this application vide Section 482 of B.N.S.S." 4.

It is the submission of Mr. Hagare, learned Counsel for the Applicant that the age of Respondent No. 2 at the time of marriage was 17 years. He submits that the Applicants were not aware about that the Respondent No.2 was minor. He submits that there are no antecedents.

5.

Ms. Devkar, learned Counsel for Respondent No.2 submits that the Applicant No.3 is the husband of Respondent No.2. 6.

Although, Ms. Newton, learned APP strongly opposes the Application, however, in the facts and circumstances, custodial interrogation is not necessary.

7.

Accordingly, the case is made out for grant of Anticipatory Bail to the Applicant. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicants - (1) Prabhakar Ramchandra Ranaware, (2) Sandhya Prabhakar Ranaware and (3) Pratik Prabhakar Ranaware be released on bail in C.R. No.621 of 2024 registered with Daund Police Station, District-Pune, on executing P.R. bonds of Rs.10,000/- each and furnishing one or two sureties each in the like amount.

(ii) The Applicants shall attend the concerned Police Station as and when called by the Police and shall cooperate with the investigation. (iii) The Applicants shall furnish their cell phone numbers and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

8.

The Anticipatory Bail Application is allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)