1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1257 OF 2010 Mustafakhan Bismillahkhan Pathan and others ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri Joydeep Chatterji, Advocate for the applicants Shri K.S. Patil, A.P.P. for the respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 21st April, 2010 PER COURT: 1. Heard Mr. Joydeep Chatterji, learned counsel for the applicants as well as heard Mr. K.S. Patil, learned A.P.P. for the respondent. 2. This is an application preferred by the applicant Nos.1 to 3, seeking anticipatory bail, apprehending their arrest under C.R. No.I-52/2010, registered at Gondi Police Station, District Jalna, for the offences punishable under Sections 363 and 366-A read with Section 34 of the Indian Penal Code. 2 3. It appears that, the offence has been registered on the complaint lodged by the complainant namely Umarkhan Usmankhan Pathan on 2/3/2010, alleging that, his minor daughter namely Anjumbi was allegedly enticed by the applicants from the lawful guardianship of the complainant and was kidnapped on 24/2/2010. The said complaint also discloses that the complainant has lodged the missing complaint on 25.2.2010 with Tirthpuri Police Chowki and since the said girl was not traced out, he filed the present complaint on 2/3/2010. Apparently, it appears that, the main allegations in the said complaint are against the applicant No. 3 namely Shabanabee, who was last seen together along with the minor daughter of complainant namely Anjumbi and the applicant No.1 Mustafakhan is father of applicant No.3 whereas the applicant No.2 Latifkhan is brother of applicant No.3. 4. On the aforesaid background, the learned counsel for the applicant submitted that the applicant No.3 has delivered a child on 20.11.2009 and stated that she has sucking child of four months old, and produced the certificate to that effect at Exhibit B (Page 22) and, therefore, submitted that her application for grant of anticipatory bail be allowed. 5. Since the girl Anjumbi was missing, Mr. Joydeep 3 Chatterji, learned counsel for the applicants, on instructions, submitted that on the last date i.e. on 19.4.2010, the said missing girl Anjumbi and Samsherkhan have surrendered themselves before the concerned Court and, therefore, Mr. Patil, learned A.P.P. was requested to take the instructions from his counterpart before the concerned Court. Accordingly, Mr. K.S. Patil, learned A.P.P., on instructions from the investigating officer P.I. Pathan submitted that Samsherkhan i.e. son of applicant No.1 Mustafakhan and the daughter of the complainant namely Anjumbi have surrendered themselves and the said boy namely Samsherkhan has been taken into police custody whereas the said girl namely Anjumbi has been sent to remand home at Jalna since the parents did not accept her. 6. In the light of the aforesaid facts, apparently there is no necessity for custodial interrogation of the applicants herein and, therefore, the applicants have made out the case for grant of anticipatory bail and, therefore, present application deserves to be allowed. 7. In the result, present application is allowed and it is directed that in the event of arrest of applicant Nos.1 to 3 under C.R. No.I-52/2010, registered at Gondi Police Station, District Jalna, the applicant Nos.1 to 3 be released on bail on furnishing surety in the sume of Rs.15,000/- each and on executing P.R. bond 4 in the like amount by ech of them, on the following conditions : 1. The applicant Nos.1 to 3 shall attend the concerned police station as and when required by written intimation and shall cooperate in the investigation. 2. The applicant Nos.1 to 3 shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. 8. Needless to say that the above bail granted to the applicant Nos.1 to 3 is till filing of the charge sheet. It is further made clear that the above observations are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. (SHRIHARI P. DAVARE) JUDGE fmp/cri1257.10