1 criapln3297-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3297 OF 2011 1] Ayesha Mohammad Ziya Ul Vahab .. APPLICANT Vs 1] The State of Maha. ...RESPONDENT ... Shri A.B.Girase, Adv.for applicant. Shri G.R.Ingole,APP for R-State. ... CRIMINAL APPLICATION NO.3327/2011 Gopikishan Radhakishan Lohiya .. APPLICANT Vs Apurva Gopikishan Lohiya and Ors. .. RESPONDENTS ... Shri R.F.Totla,Adv.for applicant Shri G.R.Ingole,APP for State. ... CORAM : T.V.NALAWADE,J. DATE : 01/08/2011 ORAL ORDER: 2 criapln3297-2011 1] This application is filed for anticipatory bail in Crime No.165/11 registered in Sadar Bazar Police station, Jalna, Dist.Jalna, for offence punishable under Sections 380 of I.P.C. Papers of investigation were made available. Heard both sides. 2] In view of the nature of dispute and as the report is given by father of the applicant, applicant was asked to remain present in the Court. She is heard by this Court in the chamber of the Court in the presence of Advocate of complainant, Advocate of the applicant and also APP. 3] The father has made allegations against present applicant who is aged about 23 years, on 19/7/11, when he opened his cupboard, he noticed that his cash amount of Rs.50,000/- was missing. He has contended that on 4/7/11, the applicant had visited his house and she was present in the house from 8.00 to 23.00 hours of that day and then she left for Pune. He has suspicion that his daughter has taken away the amount without his permission and so she has committed offence u/s 380 of I.P.C. 4] Criminal Application No.3327/11 is filed for permission to assist APP and the advocate for complainant was allowed in every way to assist APP. He was also allowed to produce some record. 3 criapln3297-2011 5] The submissions made in this Court and the record produced show that one Writ Petition is filed for habeas corpus by mother of the present applicant. Notice has been issued in the said proceeding. It is allegation of the mother that applicant is illegally detained by Mohd.Zia. The girl is contending that she has married with Mohd.Zia. In view of the nature of dispute, matter was heard in chamber and the applicant was heard. 6] It appears that the parents are worried about the welfare of the girl as the person with whom she says that she has married, is from Muslim community. In view of the aforesaid circumstances, this Court holds that the relief needs to be granted to the applicant, subject to some conditions. Considering the allegations and the worry of the parents, the girl can be prevented from leaving India for some time and she can also be directed to attend concerned police station and to cooperate the investigating agency. So application is allowed. Interim relief granted in favour of the applicant is confirmed, subject to condition that she should deposit her Passport with the concerned police station. She should not leave India or even Maharashtra during next 6 months. If there is some urgency, she is to apply to this Court for the same. She is to attend the concerned police station on coming 2 Sundays between 9 a.m. and 12 p.m. and she is to cooperate the investigating officer. 4 criapln3297-2011 7] If the applicant asks for protection for appearing before investigating officer, at the cost of the applicant, protection is to be provided and the girl is to inform the time when she will be reaching the limits of Jalna, in advance and accordingly, protection can be given. Authenticated copy is to be supplied to both sides. [T.V.NALAWADE,J.] umg/criapln3297-11