1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1232 OF 2009 Mr. Parag Jitendra Solanki .... Applicant. V/s The State of Maharashtra ..... Respondents Mr. Shekhar Bhise i/b Bhise & Associates for the applicant. Mr. D.P. Adsule, APP for the State. ALONGWITH CRIMINAL APPLICATION NO.1186 OF 2009 Mr. Rohit C. Patel ..... Applicant. V/s The State of Maharashtra ..... Respondent. Mr. Shekhar Bhise i/b Bhise & Associates for the applicant. Mr. D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. DATE : 23rd March, 2009 P.C:- 1. Heard the learned Counsel appearing on behalf of the applicants and the learned Counsel appearing on behalf of the State. 2. Both these applications for anticipatory bail are being disposed of by this common order. 2 3. Applicants have been arrested in connection with the offence punishable under sections 363, 364, 365 read with section 34 of the Indian Penal Code. Prosecution case is that one lady left the house and left behind a letter in which she has named the present applicants as persons who are responsible, if she does not return home. Prosecution case is that these applicants had promised the said lady that they would give her a good job in Australia and would also give admission to her children in good school. Upon the said representation, it is alleged that the missing lady handed over substantial amount to the applicants. However, when she noticed that the said promise was not fulfilled, she asked them to repay the said amount . However, remaining amount was not paid and, therefore, applicants had induced her to meet them for the purpose of collecting the said amount. Before leaving the house, a letter was written by the said missing lady. 4. Counsel for the applicants submits that the provisions of section 363 and 364 are not applicable since the missing lady is not a minor and is 37 years of age. 5. The submission made the Counsel for the applicants cannot be accepted. The offence which is registered against the present applicants is under sections 363, 364 and 365 of the Indian Penal Code. In the present case the offence punishable under section 365 of the Indian Penal Code would be attracted where the punishment for the said offence is 7 3 years. Whereabouts of the missing lady has not been ascertained by the police. Under these circumstances, in my view, no case is made out for anticipatory bail. Both these applications for anticipatory bail are, therefore, rejected. 6. Both the applications are disposed of. (V.M. KANADE, J.)