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2026 DAILYLAW 5564 (BOM)

SUREKHA SANTOSH BANKAR AND ANOTHER v. THE STATE OF MAHARASHTRA AND OTHERS

WP/962/2026 · 2026-08-31

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Judgment text

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962.26WP 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 45 CRIMINAL WRIT PETITION NO.962 OF 2026 SUREKHA SANTOSH BANKAR & ANOTHER VERSUS THE STATE OF MAHARASHTRA & OTHERS ... Advocate for the petitioners : Mr.Vishnu B. Madan-Patil APP for Respondent-State : Mr.G.A.Kulkarni … CORAM : SANDIPKUMAR C. MORE & VAISHALI PATIL-JADHAV,JJ. DATE : 31.08.2026 P.C. : 1] The petitioners, who are parents of missing girl, are seeking issuance of Writ of Habeas Corpus for directing the respondent nos.2 and 3 to produce their daughter from the illegal custody of respondent nos. 4 to 6. 2] Today, the missing girl is produced by L.P.C.-2302 Ms.Padma Devre and Mr.Prashant Pasalkar, Police Sub Inspector, Mukundwadi Police Station, Chh.Sambhajinagar. On interaction with the girl, she disclosed her birth date as 10.06.2007 that means as on today she has attained majority and completed the age of 19 years. 2026:BHC-AUG:39466-DB 962.26WP 2 3] On going through the record, initially Police Station Shevgaon, District Ahilyanagar had recorded her statement on 17.06.2026 wherein she stated that she on her own had gone with respondent no.4–Datta Dinkar Gaikwad and performed marriage at Alandi as per Rites of Arya Samaj. A marriage certificate to that effect is also on record. However, today the girl stated before us that though she had gone with the respondent no.4 but in fact respondent no.4 had forcibly taken her to Alandi and obtained her signatures forcibly on the register in the institution of Arya Seva Sanstha and prepared the aforesaid marriage certificate. The concerned Investigating Officer has also recorded her statement on 30.08.2026 mentioning the aforesaid facts. Accordingly, the FIR is also lodged against the respondent no.4 under Section 64, 87 and 351 (2) of the BNS, 2023 vide Crime No. 476/2026 in Mukundwadi Police Station, Chh. Sambhajinagar. 4] Be that as it may, while interacting with the girl, who is admittedly major, she disclosed that she wants to stay with the petitioners, who are her parents. As such, when the 962.26WP 3 girl is major, she is having every right to reside as per her own wish. Thus, since girl being major, she is at liberty to reside at any place as per her own choice. 5] Accordingly, the Criminal Writ Petition is disposed of. [VAISHALI PATIL-JADHAV] [SANDIPKUMAR C.MORE] JUDGE JUDGE DDC