FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION No. 2864 of 2010 Alka Santosh Takbhate vs. The State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr S.V.Kotwal, for the Applicant. Mr K.V.Saste, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 24TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this anticipatory bail application preferred by the applicant. The applicant is real sister of the main accused. Allegations against the main accused are that he enticed one minor girl – first informant – prosecutrix on false promises of marrying with her and took her away out of lawful guardianship some time on 14.9.2009. Initially, for three months the prosecutrix and the main accused stayed at some place at Hadapsar and after three months they went to the house of present applicant, sister of the main accused. Apparently, as per the statement of the landlord of the present applicant, only one room was given to the applicant and her family members to reside. There are three children and the applicant and her husband residing in the said room. Again the prosecutrix and main accused started residing with the applicant and her husband till some time of April, 8th 2010. The F.I.R lodged by the prosecutrix girl, she has mentioned that after six months of her stay with the main accused on 8.4.2010 she had an opportunity to flee away and then came to her place at Sholapur and thereafter lodged the complaint on 20.4.2010. 2. Allegations against the present applicant is that she allowed the girl and main accused to stay in her family for about three months. It is also the allegation in fact against the main accused that he had sexual inter course with the first informant on the assurance that they both will get married. 3. Considering the above circumstances and considering the age of the girl and still considering that she stayed with main accused almost for a period of six months out of which three months in the family of present applicant totally consisting five family members, the present applicant can be granted anticipatory bail as prayed with certain directions. In the result, the following order:- ORDER: (a) Anticipatory bail application is allowed. (b) In the event of arrest of both the applicants in C.R. No. 47/2010 for the offence punishable under Sections 363, 366-A, 376, 420, 344 r.w.s. 34 of I.P.C. with Pangri Police Station, shall be released on bail on executing a P.R.bond in the sum of Rs. 15,000 /-with one surety in the like amount . © On availing the bail the applicant shall attend concerned police station as and when called by the Investigating Officer. (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J)