SANA SAMIR FANSOPKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The wife of the informant has filed present anticipatory bail application under Sec. 438 of the Criminal Procedure Code, 1973 in connection with C.R. No.245 of 2022 under Sec. 302 , 506 read with Sec. 34 of the Indian Penal Code, 1860 along with Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and under Sec. 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

(2.) As per the report filed by the husband against wife, they have a son aged 10 years and a daughter 6 years. It is alleged that she was in illicit relationship with a man and cheating with informant. On 24/3/2022, he found that his children were frightened. His son told him that the applicant closed them in a bathroom and were scared due to the act of switching off lights by the applicant. They were in a dickey of a car. Co-accused was threatening them that he will kill them if they state anything to the informant. Initially offence under Sec. 342, 506 and 34 of the Indian Penal Code, 1860 and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 was registered. Thereafter, Ss. 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 were added.

(3.) The applicant, therefore, filed application under Sec. 438 before the learned Sessions Judge which has been rejected by order dtd. 2/6/2023. Aggrieved thereby, the applicant has filed present anticipatory bail application.