1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1382 OF 2010 Phulchand Yeshwantrao Chavan & ors. )..Applicants Vs. The State of Maharashtra )..Respondent ­­­­ Mr. Jaydeep D. Mane for the applicant. Smt. V. R. Bhosale APP for the State. ­­­­ Coram : R.S.MOHITE,J Date : 31st March, 2010 PC 1 This is an application for grant of anticipatory bail. The applicants are shown as accused in C.R.No.15/2010 registered by the Akkalkot North Police station for alleged offences under Sections 363, 366(1) read with 34 of IPC & Section 3(1) (12) of SC & ST (Prevention Atrocities) Act. The allegations in the complaint of the father is that her daughter was kidnapped on 17.2.2010 by one Bhairavnath. The said Bhairavnath has been arrested and according to the Advocate for the applicants the girl was in love with Bhairavnath and had voluntarily eloped with him. The applicants have no role to play in this entire episode. He has brought to my notice an order passed by the Magistrate on 18.3.2010 wherein he recorded that even today, the girl does not want to go to her parents. On perusal of the FIR it is found that as far as these applicants are concerned, their exact role are not mentioned. The main accused is Bhairvanath. There is a general statement that the girl was taken with the knowledge and the understanding of the present 2 applicants. In my view, the provisions of the Atrocities Act may not be attracted in this case as the girl has given a statement before the Magistrate refusing to go back to her parents and there is no material to indicate that the present applicants were in a position to dominate the will of the girl in question. In the circumstances, I am inclined to grant anticipatory bail. It is therefore, directed that in the event of their arrest in connection with C.R.No.15/2010 registered by the Akkalkot North Police Station, the applicants may be released on bail in the sum of Rs.10,000/­ each with one surety each in the like amount subject to the condition that they will report to the Investigating officer as and when called upon to do so by him in writing. Application stands disposed off. (R.S.MOHITE,J) 3