{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2362 OF 2010 Kailas Dadarao Jaiwal APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterjee, Advocate for the applicant Mr. S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 28th June 2010 PER COURT: 1. By the present application, the applicant has prayed to release him on anticipatory bail in the event of his arrest, in connection with CR No.67/2010 registered with Badnapur Police Station, for an offence punishable u/s 363 and 366 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by learned APP. Perused the complainant. 3. It appears that the said complaint is lodged by one {2} Satish Yakos, father of prosecutorix Jyoti, who was missing from 15th May 2010 and hence initially missing report was lodged on 16th May 2010. It appears that thereafter in the evening of 17th May 2010 information was received from one Bhagwan Mohite, that Jyoti had left for Aurangabad along with the present applicant. Therefore, on 18th May 2010, the present complaint came to be lodged. It also appears that the applicant and said Jyoti were located at Junagad, Saurashtra on 6th June 2010 and her statement was recorded on 8th June 2010. Perusal of the statement of Jyoti indicates that the applicant and she were acquainted with each other since about more than 1 year prior to the alleged incident. Further this statement reveals that as it was told by the applicant, that they would go to Aurangabad and hence Jyoti, had left her house along with considerable cash, which indicates that she is a consenting party. Further perusal of the entire statement, nowhere discloses any overtact or that the applicant has taken any disadvantage of solitariness of the prosecutorix. The overall effect of the statement of the prosecutorix is that she was a consenting party, who had accompanied the applicant at her own. In the premise, case is made out to enlarge the applicant on anticipatory bail, in exercise of the discretion vested with this Court. 4. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.67/2010 registered with Badnapur Police Station, he be released on bail, on {3} his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. This protection is granted till filing of the charge sheet. The applicant is directed to attend the concerned police station, if required, on written requisition from the IO concerned. The applicant is also directed to cooperate with the investigating agency. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln2362-10