Jatin Purushottam Dathiya And ORS v. State Of Maharashtra

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2023.02.03 17:41:57 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO. 343 OF 2023

1. Mr. Jatin Purushottam Dathiya

2. Mr. Purushottam Bhagwan Dathiya

3. Mrs.Jamna Purushottam Dathiya

4. Mr. Pratik Purushottam Dathiya ..Applicants vs.

The State of Maharashtra ..Respondent Mr. Balwant Salunkhe, for the Applicant.

Mr. S. V. Gavand, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 3, 2023 P.C. :

1.

Heard learned counsel for the applicants and learned APP.

2.

This is an application for pre-arrest bail. The applicants are apprehending arrest in connection with C.R. No. I-488 of 2022 dated 29/12/2022 registered with Padgha Police Station for offence punishable under sections 498A, 427, 406, 34 of the Indian Penal Code, 1860.

3.

Applicant no. 1 is the husband of the complainant. Applicants no. 2 and 3 are the father-in-law and mother-in-

law of the complainant. Applicant no. 4 is the brother-inlaw of the complainant. The marriage of the applicant and complainant was solemnized on 12/08/2022. This was a love marriage. The applicant and complainant were knowing each other since 2019. It is alleged that the applicants illtreated the complainant. It is alleged that on 19/11/2022, the applicant assaulted the complainant. It is further alleged that as the parents of the complainant were against the marriage, she is residing with her friend. The FIR is registered on 29/12/2022, for almost after a period of 1 months and 10 days from the date of the incident. The allegations in the FIR are general in nature. The custodial interrogation of applicant in these circumstances is not necessary, however, the applicant must co-operate with the investigation. Hence, the following order.

O R D E R

(a) The application is allowed.

(b) In the event of arrest of the applicants in connection with C.R. No. I-488 of 2022 dated 29/12/2022 registered with Padgha Police Station, the applicant no.1- Mr.Jatin Purushottam

Dathiya, applicant no.2 - Mr. Purushottam Bhagwan Dathiya, applicant no. 3 - Mrs.Jamna Purushottam Dathiya, appliant no. 4- Mr. Pratik Purushottam Dathiya be released on bail on their furnishing P.R. Bond in the sum of Rs.15,000/- each with one or more sureties in the like amount;

(c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence;

(d) The applicants shall attend the investigating officer on 07th and 08th February 2023 between 11.00 a.m. and 1.00 p.m. Thereafter the applicant no. 1 shall attend the investigating officer once in a month i.e. on first Monday of every month between 11.00 a.m. and 1.00 p.m. till the charge is framed.

4. The anticipatory bail application is disposed of. (M. S. KARNIK, J.)