1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 245 OF 2011 ( Harish Vasant Ramteke Vs. State of Mah. PSO PS Bhandara) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. R. Wagh Adv for applicant. Shri S. S. Doifode aPP for non applicant/State. CORAM: M. N. GILANI J. DATED: 25th JULY, 2011. . Heard both sides. Perused the First Information Report lodged by prosecutrix on 24.06.2011. It is the prosecution case that on 01.05.2011 the prosecutrix was abducted by one Nandu and the present applicant. On 04.05.2011 her marriage was performed with said Nandu. She stayed with Nandu for a period of one month. On 01.06.2011 she was carried by her father to his house. On 24.06.11 she lodged F. I. R. stating that forcibly she was carried by Nandu and the present applicant to Nagpur. From there to Jabalpur and again brought to Nagpur. Against her will her marriage was performed on 04.05.2011 with said Nandu. She and said Nandu stayed in the 2 house of aunt of the latter at Koradi for a period of one month. Nandu was engaged in scarap business and for that he used to go to Nagpur and used to return by 3 p.m. Because of the threats of the said Nandu she did not lodge report. Learned Sessions Judge rejected the anticipatory bail application on the ground that it is an offence which involves atrocity on women. Few relevant factors which are decisive in disposing of this application are thus: i] the prosecutrix is major; ii] when she was made to accompany Nandu and the applicant, she was staying in the house of her maternal uncle; iii] she was made to stay in the house of sister of Nandu; iv] after about 3 days i.e. on 04.05.2011 she was taken to temple in Koradi and there marriage was performed; v] There are photographs showing that turmeric was being applied on her person and other photographs of Saptapadi etc. vi] Besides the bride and bridegroom there were other 6 women and 2 girls present at the time of marriage. All are seen in the photographs; vii] although the applicant went to the house of her parents 3 on 01.06.11, only on 24.06.11 the report was lodged; viii] prior to that one report was lodged by Nandu alleging that father of the prosecutrix threatened him; ix] from the photographs it appears that at the time of marriage applicant was not present; These are the circumstances which the learned Sessions Judge did not consider while dealing with application for anticipatory bail. The allegations of forcibly carrying the prosecutrix and then forcing her to marry with said Nandu do not appear well founded at least against the applicant. Therefore, application is allowed in the following terms: . In the event of arrest of the applicant in Crime No. 294 of 2011 registered by police station Bhandara, applicant be released on his executing PR bond in the sum of Rs. 10,000/- with one surety in the like amount, on the condition that he shall attend the police station as and when called. Hamdast allowed. JUDGE svk 4 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.