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2022 Supreme(Online)(Bom) 5855

BOMBAY HIGH COURT - BENCH AT AURANGABAD
TANWIR @ ARMAN S/O BABAJAN PATHAN – Appellant
Versus
THE STATE OF MAHARASHTRA AND ANOTHER – Respondent


Advocates:
['Ghanekar Nilesh S', 'COPY SERVED ON P P', '', 'RODGE KRISHNA P']

1

18-ABA.656-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

18 ANTICIPATORY BAIL APPLICATION NO.656 OF 2022

TANWIR @ ARMAN S/O BABAJAN PATHAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

...

Advocate for Applicant : Mr. Ghanekar Nilesh S.

APP for Respondent-State : Ms. V. S. Choudhari.

Advocate for Respondent No.2/Complainant : Mr. Rodge

Krishna.

...

CORAM : S. G. MEHARE, J.

DATE : 25.07.2022

PER COURT

:-

1.

It is an unique case, wherein the wife has no complaint

against the husband, but the husband has been arraigned for

sexual offence. The wife of the applicant was admitted to

hospital for the pregnancy complication. The Medical Officer

learnt that the wife of the applicant was a minor. Thereafter,

the police were called. They recorded the statement of the

victim. On her statement, the police have registered a crime

against the applicant. The victim has no complaint at all

against the applicant. Only on the statement of the victim,

without any supporting evidence of her minority, the offence

has been registered against the applicant.

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