Rishav Raj S/O Dr Raj Kumar Mandal v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 206 OF 2016 Rishav Raj, S/o. Dr. Raj Kumar Mandal.

..Applicant v/s.

The State of Maharashtra.

..Respondents Mrs. Majula Rao i/b. P. Kansara for the Applicant Mrs. Veera Shinde, APP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : FEBRUARY 03, 2016.

P.C.

1.

This application for anticipatory bail is filed by the applicant apprehending his arrest in Crime No.11 of 2016 registered with Kharghar Police Station for offences punishable under Section 498A, 506(ii) of the Indian Penal Code.

2.

Heard the learned counsel for the applicant and the learned APP for the State. The learned Counsel for the applicant submits that the applicant has secured admission in XLRI Xavier School for

Management, for MBA Course at Jamshedput and he is presently residing at International Centre Hostel, Jamshedpur. She has submitted that his exams are scheduled to be held in the last week of February 2016 till first week of March. She therefore claims that the applicant is entitled for bail.

3.

I have perused the records and considered the submission advanced by the learned Counsels for the respective parties. The records prima facie reveal that the applicant as well as the complainant herein were employed with Nuclear Power Corporation of India, Mumbai. The records further reveal that the applicant and the complainant were sharing live in relationship and subsequently got married. It appears that the marital dispute between the applicant and the complainant led to filing of FIR dated 8.1.2015 for the offence under Section 406 of IPC. The applicant was arrested in the said crime and after he was released on bail in the said crime, the complainant filed another FIR dated 10.1.2016 alleging that the applicant and his family members had subjected her to cruelty. 4.

The nature of the allegations, in my considered view, do not justify custodial interrogation. The applicant is a young boy of 28

years of age and he is a student and has no criminal antecedents. 5.

In the facts and circumstances of the case, the applicant is entitled for anticipatory bail. Hence the following order: i) In the event of arrest of the applicant in Crime No.11 of 2016 registered with Kharghar Police Station, the applicant be released on cash bail of Rs.50,000/- ( Rupees Fifty Thousand Only) to be deposited in the court of JMFC, Panvel.

ii) The applicant shall report to the Investigating Officer from 7 th to 11 th March, 2016, for the purpose of investigation and interrogation.

iii) The applicant shall furnish his contact numbers, his permanent as well as temporary address to the Investigating Officer. The Investigating Officer shall verify the same before the applicant is releas3ed on bail.

(ANUJA PRABHUDESSAI, J.)