- 1 _ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 257 OF 2008 Shahid Naushad Qureshi Applicant vs. The State of Maharashtra Respondent Mr. Parvez Ubharya, advocate for the Applicant. Mr. D.P. Adsule, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : FEBRUARY 12, 2008 PC . Heard. The applicant has been arrested on 31st of december 2007 in connection with the offence, registered at Mumbra Police Station vide C. R. No.I. 660/2007, for offences punishble under section 361, 363, 366, 376 read with section 34 of the Indian Penal Code. 2. The prosecution case in brief is that Bilkis, a minor girl was enticed away by Kabir Naushad Qureshi on 27th of December 2007. On 28th of December said Kabir Naushad Qureshi telephoned the grand-father of Bilkis, that he and Bilkis were going to marry each other, and if the grand-father ling to give consent to the marriage, - 2 _ they would return by 29th of December 2007. Attempts were made by the grand-father, who is the complainant, to contact Kabir Naushad Qureshi on his mobile, but the mobile was switched off. The complainant then went to the residence of Kabir Qureshi where the applicant, who is the brother of Kabir,met him. The applicant told him that Bilkis and Kabir were going to marry each other and the complainant may do whatever he wished. The complainant therefore, lodged F.I.R. alleging that his grand-daughter Bilkis, who is alleged to be 15 and half years age, was kidnapped by Kabir Qureshi. Thereafter an offence was registered under section 361, 363, 364-A read with section 34 of I.P.Code. No offence was initially registered under sectin 376 of I.P.C. 3. The learned counsel for the applicant submitted that Bilkis was major and left the house of her grand-father on her own and went with the brother of applicant. He produced for my inspection a medical certificate, issued by the Medical Superintendent of J.J. Hospital Group on 4th of January 2008. The certificate is taken on record and marked "X" for identification. It states that Bilkis was examined by him on 4th of January 2008 and in his opinion her age is about 18 years. also invited my attention to the affidavit of Bilkis dated 31st - 3 _ of July 2007, copy of which is annexed to the application at page 17. In the said affidavit Bilkis has stated that she is adult and major and has married Kabir Qureshi of her own free will. Counsel for the applicant also invited my attention to Nikahnama, maintained by the Officer in Cheif Kazi of Mumbai, which shows that Bilkis and Kabir got married on 31st of December 2007. 4. Learned APP submitted that Bilkis was minor and her school leaving certificate shows that she was born on 2nd of July 1992. Prima-facie there is a conflict between the date of birth shown in the leaving certificate and the opinion given by the Medical Superintendent of J.J. Hospital, which is a government hospital. Whatever may be the dispute, one thing is clear that Bilkis was not kidnapped but she appears to have left the house on her own, to marry with Kabir and has actually married him. Prima-facie, it appears that the applicant has not kidnapped the Bilkis. There is no material on record to show that there was common intention between Kabir and the present applicant in the alleged kidnapping of Bilkis. 5. In view of this, the applicant is entitled to bail. Hence, I pass following order. - 4 _ . The applicant shall be released on furnishing personal bond in the sum of Rs.15,000/- with one surety in the like amount, subject to condition that applicant shall not tamper with the prosecution evidence nor threaten the prosecution witnesses. Sd/- [ D. G. KARNIK, J.]