1 Cri.Appln.Nos.1780/2011 1803/2011& 1782/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1780/2011 1) Shri Sailesh Suresh Magare and another. - APPLICANTS VERSUS The State of Maharashtra through In-charge Police Officer, Police Station, Taloda, Tq.Taloda, District Nandurbar. - RESPONDENT ***** Mr.PR Katneshwarkar, Advocate for Applicants; Mr.KM Suryawanshi, APP for State. WITH CRIMINAL APPLICATION NO.1803/2011 Manjubai w/o Bhatu Sonar. - APPLICANT VERSUS The State of Maharashtra Through Taloda Police Station, Tq. Taloda, Dist. Nandurbar. - RESPONDENT 2 Cri.Appln.Nos.1780/2011 1803/2011& 1782/2011 ***** Mr.CR Thorat, Advocate for Applicants; Mr.KM Suryawanshi, APP for State. WITH CRIMINAL APPLICATION NO.1782/2011 1) Suresh s/o Rama Magare and others. - APPLICANTS' VERSUS The State of Maharashtra through In-charge Police Officer, Police Station, Taloda, Tq.Taloda, District Nandurbar. - RESPONDENT ***** Mr.PR Katneshwarkar, Advocate for Applicants; Mr.KM Suryawanshi, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 5th May, 2011. PER COURT : 1) Heard finally. 2) Victim Kalyani, aged 20 years, allegedly kidnapped, has indeed married to accused – Shailesh Suresh Magare. She has so stated before the learned Judicial Magistrate First Class, 3 Cri.Appln.Nos.1780/2011 1803/2011& 1782/2011 confirmed by him on 2.5.2011. Taking these aspects of the matter, custody of accused/applicant – Shailesh Suresh Magare and accused/applicant – Amit Pravin Mali, is not warranted. 3) Interim protection dated 27th April, 2011 granted in Criminal Application No. 1780/2011,is made absolute, with attendance condition to remain in force till 30th June, 2011. 4) So far as accused/applicant – Manjubai Bhatu Sonar; Suresh Rama Magare; Ananda s/o Suresh Magare; Sharmila w/o Bhika Rane and Bhika s/o Shiva Rane, are concerned, in the light of development, referred herein before of the victim appearing before the learned Judicial Magistrate First Class, and making a volitional statement of her remaining with Shailesh and getting married with him, further custody of all the applicants/accused in Criminal Application Nos. 1803/2011 and 1782/2011, is not warranted. 5) The accused/applicants, in Criminal Application No.1803/2011 and 1782/2011, be released on their furnishing PR bond and a surety in the sum of Rs.5,000/- (Rupees five thousand) each. 4 Cri.Appln.Nos.1780/2011 1803/2011& 1782/2011 6) The accused/applicants shall not influence the witnesses and particularly the victim – Kalyani and her parents. 7) All Criminal Applications allowed as above. (K.U.CHANDIWAL) JUDGE bdv/