1 Cri.A.No. 5549 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO. 5549 OF 2011 Sachin Javerilalji Samadadiya (Jain) & anr. ..APPLICANTS VERSUS The State of Mah. & anr. ..RESPONDENTS Mr C.R. Deshpande, Advocate for the applicants; Mr K.S. Patil, A.P.P. for the respondents CORAM : R.Y. GANOO, J. DATE : 22nd December, 2011 PER COURT : The applicants apprehend arrest in C.R. No.388 of 2011, registered with Dhule Taluka Police Station, Dhule under section 363, 366 read with sec. 34 of the Indian Penal Code. The F.I.R. is filed by Mr Chopda, father of Sonal. According to the F.I.R., the present applicant and others kidnapped Sonal and too away on the date mentioned in the F.I.R. 2 Cri.A.No. 5549 of 2011 2. During the course of investigation police have recorded statement of Sonal, who was alleged to have been kidnapped. Said statement is dated 10.12.2011. In the said statement Sonal has clearly stated that she was engaged with the present applicant. An attempt was made to break the said marriage by her father and her father wanted that Sonal should marry somebody else. According to Sonal, as set out in the said statement, she left her father’s place on 1.12.2011, reached the house of the applicant and stayed there till 9.12.2011. In the statement there is no whisper about any illegal act committed by the present applicant at his residence. Said Sonal while rendering her statement has stated that her age is 17 years and 3 months. 3. A perusal of the police papers including statement of Sonal shows that she has reached the age of understanding. It also shows that Sonal wanted to marry the present applicant no.1 on account of the engagement. The case put up by Madanlal Chopda through the F.I.R. is required to be seen with doubt on account of statement of Sonal. The present applicant no.1 Sachin is entitled to bail. 3 Cri.A.No. 5549 of 2011 4. Applicant no.2 Suchita happens to be sister of Sachin. Once Sachin is to be granted anticipatory bail, his sister Suchita should also get the benefit of the provisions of anticipatory bail. Hence, following order is passed :- In the event of arrest of any of the applicant in connection with C.R. No.388 of 2011, registered with Dhule Taluka Police Station, District Dhule, said applicant be released on bail in the sum of Rs. 10,000/- with one surety in the like amount. Said applicant shall execute a P.R. Bond in the sum of Rs.10,000/-. Both the applicants shall report to the concerned police station firstly on 26.12.2011, between 11.00 a.m. to 4.00 p.m. and thereafter as and when called for. (R. Y. GANOO, J.) amj/criap5549.11