ABA/807/2019 of SHRI DNYANESHWAR TOTARAM MALODE Vs STATE OF MAH., THR. P.S.O. PS BULDHANA (CITY) DIST BULDHANA on 24 December 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH, NAGPUR.

ANTICIPATORY BAIL APPLICATION NO. 807 OF 2019WITHCRIMINAL APPLICATION NO. 1882 OF 2019IN

ANTICIPATORY BAIL APPLICATION NO. 807 OF 2019

(Shri Dnyaneshwar Totaram Malode Vs. State of Maharashtra through PoliceStation Officer, Police Station Buldhana (City), Dist. Buldhana.

Office Notes, Office Memoranda of Coram,__________________________________________________________________________appearances, Court's orders of directionsCourt's or Judge's orders.and Registrar's Orders.

Shri K.P. Sadavarte, Advocate for the applicant.Shri Amit Chutke, APP for the respondent-State.

CORAM : S.M. MODAK, J.

th DECEMBER, 2019.

DATE : 24

This is the anticipatory bail application filed by the firsthusband of the victim. He married with the victim / first informanton 19[th] April, 2018. At that time she was of 14 years of age. Aftercohabitation with certain days, the victim left from the company ofthe applicant.

2.She was married with the accused no.8 Ramesh UdhavKale. On 31[st] July, 2018 she executed a seperation deed with thisapplicant, at that time also she was minor. Later on she eloped withthe accused No.1 Vishal. She has not married with the Vishal.

3.Later on she made a complaint of sexual abuse and thepregancy. She was being deceived to marry by the accused No.1Vishal. The police of Buldhana City have registered the complaint on 18[th] October, 2018 and offences under Section 376(2)(j)(n) of theIndian Penal Code and Sections 9, 10 and 11 under Prohibition ofChild Marriage Act, 2007 read with Section 34 of the Indian PenalCode were registered. The applicant approached the Buldhana Courtfor anticipatory bail, it was rejected on 19[th] November, 2019 afterhearing.

4.Today I have heard learned Advocate Shri Sadavarte andlearned Assistant Public Prosecutor. The police has already seizedthe settlement documents executed with the present applicant. Theyare having possession of the birth certificate of the victim. I do notfind any reason for which custodial interrogation is required. Themedical examination and taking samples of the applicant can be doneeven by giving the attendance. The main allegation seems to beagainst the accused no.1 Vishal. So case for anticipatory bail is beingmade out. Hence, the order.