LAWS(BOM)-2013-8-32

MADHAV PREMSING RATHOD Vs. STATE OF MAHARAHTRA

Decided On August 05, 2013
Madhav Premsing Rathod Appellant
V/S
State Of Maharahtra Respondents

JUDGEMENT

(1.) The application is filed under section 439 (2) of Criminal Procedure Code for cancellation of anticipatory bail granted by the Additional Sessions Judge, Jalna in Criminal Application No. 403/2013. In crime registered against the respondent No. 2 for offence punishable under sections 306, 354 (A) etc. of Indian Penal Code, relief of anticipatory bail is granted.

(2.) The crime is registered on the basis of report given by the father of the deceased. The respondent/accused is a married man and at the relevant time, he was aged about 25 years. He has no issue from the wife. Allegations are made that he was after the deceased girl and he wanted to marry with her. The deceased was aged about 17 years and even before the incident in question the deceased had disclosed to her father about such conduct of the accused. She had also informed that she had said 'no' to the offer given by the accused, but he was always after her and he was insisting her to marry with him.

(3.) The incident took place on 30.4.2013. At about 8.30 p.m. when the complainant was present near one shop, he learnt that near the house of one Pandit, the accused was prevented by some villagers, when he was attempting to take the deceased with him by using force. The complainant went there and he took his daughter to home. She narrated the incident to him. As she was aged about 17 years, marriageable daughter, complaint was not given on 30.4.2013.