1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5275 OF 2009 1. Mohan Bhajandas Kavade, 2. Shahaji Dnyandev Kavade ...Applicants vs. The State of Maharashtra ...Respondent Mr.Ajay A. Joshi for the Applicants. Mrs.P.P. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 9, 2009 P.C. :- 1 Heard Counsel for the applicants and APP for the State. 2 The applicants apprehends arrest in connection with C.R.No.270/2009 registered with Taluka Police Station, Pandharpur, for the offence punishable under Sections 376, 363, 366, 504 read 2 with 34 of the IPC. 3 It is alleged that one Bhausaheb had kidnapped the prosecutrix and had taken her to Tulzapur and had stayed with her in lodge for about three days and he had forcible sexual intercourse with the prosecutrix. It is alleged that said Bhausaheb had promised to marry the prosecutrix. According to the prosecutrix, the present applicant Mohan had given money to Bhausaheb and Shahaji had given an assurance to Bhausaheb to send money to him and they also helped him in kidnapping the prosecutrix. It is alleged that the prosecutrix was 15 years of age. 4 I have perused the statement of the prosecutrix. Prima facie it is difficult to believe that the prosecutrix could be kidnapped and kept in the lodge for a period of three days. It appears that the prosecutrix may have eloped with the main accused Bhausaheb. In any event, the only allegation 3 against the present applicants is that they encouraged Bhausaheb to elope with the prosecutrix. This being the only role attributed to the present applicants, their custodial interrogation, in my view, is not necessary. 5 The applicants, therefore, in the event of their arrest in C.R.No.270/2009 registered with Taluka Police Station, Pandharpur, be released on bail in the sum of Rs.5000/- each with one or two sureties each in the like amount. The applicants shall report to the concerned police station as and when called. 6 Application is disposed of. (V.M. KANADE, J.)