1 apln3266-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3266 OF 2010 1. Mr.Laxman Keraba Nangare, & 2. Mrs.Shobha Laxman Nangare. ..Applicants. Vs. State of Maharashtra. ..Respondent. .... Mr.A.P. Mundargi, Senior Counsel i/b. Mr.Hrishikesh Mundargi, Advocate for the applicant. Mr.P.S. Hingorani, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 30TH JULY, 2010 P.C. 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the two applicants who are parents of the main accused. 2. It is a case of kidnapping and procreation of the minor girl. The offences alleged against the present applicants are punishable under Sections 363, 366(A) read with Section 34 of IPC. Considering the rival submissions, it is rather doubtful whether provisions of Section 366(A) of IPC can be made applicable in the present case. However, this question is to be 2 apln3266-10 decided at the time of appreciation of evidence. 3. The girl who was allegedly enticed away by the son of the present applicants is minor and aged 15 years and 6 months and apparently she stayed with the son of the present applicants with whom she had love affair. On 3rd July, 2010 the girl was found missing from her house. There are statements of witnesses that the present applicant no.1 had brought the girl and his son to one of his relatives house for stay overnight. There are also statements that the girl was taken to the place of another relative on the next day and the son of the applicants was taken to some other place. 4. During the arguments, learned Senior Counsel for the applicants submitted that infact what is the dispute between the complainant party and the present applicant is regarding the marriage of the daughter as they are now insisting that she should be get married to the son of the present applicants however, considering the age of the girl, there was no consent by the applicants. However, the complainant party is insisting that after such episode of love affair and girl staying away for 3 apln3266-10 few days with the son of the applicants, her marriage prospectus are blink. 5. During the arguments, learned A.P.P. for the State pointed out various statements of the witnesses as mentioned above. However, considering the allegations, in the opinion of this Court, on certain conditions the present applicants can be given discretionary relief of pre-arrest bail. Hence the order :- :: O R D E R :: [i] Criminal Application No.3266 of 2010 for anticipatory bail is allowed. [ii] In the event of arrest of both the applicants - Mr.Laxman Keraba Nangare, & Mrs.Shobha Laxman Nangare in C.R. No.76 of 2010 of Shahuwadi police station, they shall be released on bail on their executing a P.R. bond in the sum of Rs.15,000/- with one surety for the like amount each. [iii] In the event of arrest and availing the bail as above, the applicants shall attend the concerned police 4 apln3266-10 station once in a month on first Sunday between 10:00 a.m. to 12:00 noon till filing of the chargesheet. (A.R.JOSHI,J.) PPD 13.apln3266-10