Cri. Apln. No. 1989/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1989 OF 2011 Jafir Khan Sheryar Khan ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. Joydeep Chatterji, Advocate for applicant. Mr. G.R. Ingole, APP for respondent. CORAM : T. V. NALAWADE, J. DATED : 7th June, 2011. PER COURT : 1. This application is filed under section 438 of Criminal Procedure Code in Cr. No. 50/2011 registered in Begampura Police Station, Aurangabad City. The crime is registered for offences under sections 452, 363, 323, 504, 506, 354, 366, 511, 143, 147, 148, 149 read with 34 of the Indian Penal Code and under section 4 read with 25 of Arms Act. The record of investigation was made available by the prosecution. Both the sides are head. 2. The report is given by the mother of the prosecutrix. She has Cri. Apln. No. 1989/11 2 made allegations that on 15.4.2011 at about 22.30 hrs. one Imtiyaz entered in her house with 3-4 boys and they were holding weapons like sword. They wanted to forceably take away with them daughter of the complainant. The resistance was offered and when the boys started to run, Imtiyaz was held and other boys ran away. The report was immediately given. When the report was given by the mother of the prosecutrix, she did not knew the names of other boys. The statement given by a son of the complainant subsequently disclosed the names of the other boys who had come to the house of complainant and then complainant came to know the name of present applicant. 3. It was submitted for the applicant that there was love affair between Imtiyaz and the aforesaid girl and girl wanted to marry with Imtiyaz. It was submitted that on the day of incident as the girl called Imtiyaz to her house, Imtiyaz went there. But he was man handled there and due to incident, Imtiyaz gave report to police bearing Cr. No. 51/2011. He submitted that threat was given from complainant's side that everybody from the house of Imtiyaz will be roped in and they want to pressurize the members of the family of the Imtiyaz. He also submitted that application was subsequently moved for cancellation of bail granted to Imtiyaz before the Sessions Court, but the said application is rejected by the Sessions Court. It is submitted that the weapon allegedly used in the crime is already recovered and the police Cri. Apln. No. 1989/11 3 should not need the custody of the applicant for the purpose of interrogation. 4. The fact that Imtiyaz also gave report need not be considered at this stage. There is statement of the girl which is against Imtiyaz and other boys. Name was given to the police by brother of girl during his statement. Allegations are made that they attempted to take away forceably daughter of the complainant from the house of complainant as they wanted to perform marriage of the girl with Imtiyaz. Thus, there are serious allegations against the present applicant. At this stage, from the material produced by the police, it cannot be inferred that there is possibility of false implication of the present applicant. In view of these circumstances, the relief of anticipatory bail cannot be granted and the application stands rejected. [ T. V. NALAWADE, J.] ssc/criapln1989.11