1 202.11-aba bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.202 OF 2011 Sudhir Sudam Patil ..Applicant Versus The State of Maharashtra ..Respondent Mr.Satyavrat Joshi with Amol Joshi for Applicant. Mr.Diwakar Singh for original complainant. Smt.S.D.Shinde, A.P.P. for State. CORAM : A.R.JOSHI, J. DATED : MARCH 16, 2011 P.C. :- 1. Heard rival submissions on this application preferred by the applicant original accused No.4 apprehending his arrest in C.R.No.I-21 of 2011 registered with Wada Police Station, Dist. Thane. 2. The offence was initially registered for missing of a minor girl aged about 15 to 17 years old from her lawful guardians. Apparently, the co- accused who was also reportedly a minor, was taken to the Remand Home and then subsequently released by the Juvenile Court. 3. The allegations against the present applicant are that, he after finding information as to the main offender boy, had taken away the minor girl out of lawful guardianship of her parents from Wada, Dist. Thane and taken her to Shirdi, reached there and stationed the girl and the boy in same lodge. In that process, he had taken assistance of his two friends who are accused Nos.5 and 6. 2 202.11-aba 4. From perusal of the statement of the prosecutrix, which was recorded on 12th February, 2011 immediately after she was taken back from Shirdi, reveals the name of the present applicant along with his other two assistants accused Nos.5 and 6. There are also allegations imputed in the said statement as to the present applicant that he has given threat to the girl not to disclose the true facts but to tell the police that she had left her house because of ill-treatment given to her by her relatives. 5. It is the factual position that the earlier two bail applications consecutively made within a span of about 30 days were rejected by the Additional Sessions Court, Thane. The said applications were made by the present applicant along with accused Nos.5 and 6 his associates. The first application preferred before the Sessions Court Thane by all the three persons including the present applicant was rejected on 22nd February, 2011. 6. The second anticipatory bail application again preferred by the same three accused was partly allowed, wherein a relief was not granted to the present applicant but other accused Nos.5 and 6 were granted bail on 3rd March, 2011. Apparently, as per the police report, there is an antecedent against the present applicant and considering the allegations imputed in the statement of prosecutrix it would not be in the fitness of the situation when the investigation is still going on, to grant discretionary relief of pre-arrest of bail. Under these circumstances, the present application is disposed with the following order. ORDER The application for anticipatory bail stands rejected. (A.R. JOSHI, J.)