Pralhad Nivrutti Raut And ANR v. State Of Maharashtra

by HEMANT CHANDERSEN SHIV Date:

2023.03.17 16:02:17 +0530 HEMANT CHANDERSEN SHIV 1/3 Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.719 OF 2023

1. Pralhad Nivrutti Raut ...

2. Mrs. Sindhubai Pralhad Raut ... Applicants vs.

The State of Maharashtra ... Respondent Mr. Akshay Bankapur for the Applicant.

Mr. H. J. Dedhia APP for the Respondent-State. Mr. Ganesh Jadhav, API from NRI Sagari police station present. CORAM : S. M. MODAK, J.

DATED : 14TH MARCH 2023 P. C. :

1.

Heard learned Advocate for the Applicants and learned APP for the Respondent-State.

2.

It is submitted that husband of the deceased by name Kapil has surrendered himself to the concerned police station, today only. 3.

The Application of present Applicant was rejected by the Court of Additional Sessions Judge and they are in-laws of deceased-Anjali. The marriage of deceased took place with the said Kapil on 5th June 2022. It was a love marriage. The cohabitation was for short duration and victim committed suicide on 30th January 2023 by hanging in the house of her parents. Whereas, the FIR is registered on 6th February 2023 with N.R.I. Sagari police station, Navi Mumbai,

2/3 under section 304-B of IPC.

4.

After the marriage, the deceased cohabited with her husband along with present Applicants at Belapur. There is allegation that inlaws of deceased used to taunt her on the ground that she is illiterate and the character of her mother is not good.

5.

The deceased has also informed about this ill-treatment to her sister Shilpa. She had come to her parents' house on account of Diwali festival in the year 2022. Thereafter, she returned to matrimonial home along with husband-Kapil. She returned to her parents' house and it is alleged that she was driven out and her Mangal Sutra and Ear-rings were taken.

6.

As against this, it is case of the Applicants that the deceased was treated well and there are certain photographs, which are filed on record. It shows that the deceased and husband and present Applicants had gone for excursion. Furthermore, there are certain receipts which show that certain ornaments were purchased by the husband prior to marriage and there is also photocopy of receipt showing expenses incurred by the mother-in-law - Sindhubai. 7.

Considering above facts, I do not think that custodial interrogation of present Applicants is required. The police can certainly carry out investigation otherwise also. The main accused is arrested. So the Applicants need to be protected from arrest. Hence, the following order is passed :

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O R D E R

(a) In the event of arrest, the Applicants be released on bail on furnishing personal bond and surety bond of Rs.25,000/- each in C.R. No.36 of 2023 registered at N.R.I. Sagari police station, Navi Mumbai.

(b) The Applicants shall not threaten the prosecution witnesses or allure them in any manner.

(c) The Applicants shall give attendance to the N.R.I. Sagari police station, Navi Mumbai on first Sunday of every month from 10 am to 12 noon for six months.

(d) Needless to say, violation of the conditions above will make the Applicants liable for cancellation of anticipatory bail. 8.

Application is disposed of accordingly.

9.

These are my prima facie observations and the trial Court need not be influenced by that.

10. All the parties to act on an authenticated copy of this order. [S. M. MODAK, J.]