Vandana Raghunath Bhoir v. The State Of Maharashtra
rpa 1/5 14,23, aba 1089 2021,948, 817 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1089 OF 2021 Raghunath Govind Bhoir .. Applicant
Versus
State of Maharashtra .. Respondent WITH ANTICIPATORY BAIL APPLICATION NO.948 OF 2021 Mrs.Vandana Raghunath Bhoir .. Applicant
Versus
State of Maharashtra .. Respondent WITH ANTICIPATORY BAIL APPLICATION NO.817 OF 2021 Mrs.Pramila Vikas Bhoir .. Applicant
Versus
State of Maharashtra .. Respondent ......
Mr.Shantanu Phanse i/b. Mr.Sarfaraz Khalife, Advocate for the Applicant.
Mr.A.R. Kapadnis, APP for the Respondent - State. PSI Naresh P. Nimbalkar, Murbad Police Station, Thane Rural, present.
......
CORAM : PRAKASH D. NAIK, J.
DATED :
APRIL 26th, 2021.
P.C. :
Heard both sides.
rpa 2/5 14,23, aba 1089 2021,948, 817 2021.doc Anticipatory Bail Application Nos. 1089 of 2021 and 948 of 2021, are preferred by Raghunath Govind Bhoir and Mrs.Vandana Raghunath Bhoir. Since the Court was not inclined to grant relief to this applicants, learned counsel for the applicant seeks permission to withdraw the said applications. They may be permitted to surrender before police within one week. Hence, Anticipatory Bail Application Nos.948 of 2021 and 1089 of 2021, are allowed to be withdrawn.
The applicant in Anticipatory Bail Application No.817 of 2021, preferred by Mrs.Pramila Vikas Bhoir, was granted interim protection vide order dated 24th March, 2021. This is an application for anticipatory bail in CR No.I43 of 2021 registered with Murbad Police Station for ofences under Sections 307, 341, 506 read with 34 of Indian Penal Code. The applicant Mrs.Pramila Bhoir is wife of brother-inlaw of the complainant. The FIR was lodged on 4th February 2021. There are matrimonial disputes between complainant and family of her husband. According to the complainant, on 4th February 2021, she had visited Dhaniwali where she has constructed house which is near her matrimonial home. Thereafter she visited house of the accused. It is alleged that the accused poured diesel on her
rpa 3/5 14,23, aba 1089 2021,948, 817 2021.doc person and one of them had set her on fre. She tried to run away from the place of incident and at that time applicant and others have restricted her from escape. She was treated in hospital for the injuries sustained by her.
Learned advocate for the applicant submitted that the applicant has been falsely implicated in this case. She is married and residing separately. There are disputes between the complainant and her in-laws. Similarly role was also attributed to brother-in-law Tushar and sister-in-law Kamini. They have been granted anticipatory bail. During investigation it was revealed that they were not present at the scene of ofence. Considering this fact, the possibility of applicant being falsely implicated cannot be ruled out. The applicant's husband has been arrested and granted bail. The father-in-law of complainant had lodged complaint against the complainant, prior to registration of subject FIR, alleging that, the complainant had threatened that, she would set herself on fre.
Learned APP submitted that specifc role has been attributed to the applicant. The victim was accompanied by two witnesses. In their statement they have stated that they heard shouts of the complainant and then saw her running out of house.
rpa 4/5 14,23, aba 1089 2021,948, 817 2021.doc Her mother-in-law was chasing her. The complainant had sustained 36% burn injuries and she is treated for the burn injuries.
Learned counsel for applicant submitted that CCTV footage shows that mother-in-law of the complainant was trying to extinguish fre. Two witnesses who were accompanying the complainant, had not named the applicant. They are the witnesses to the latter part of incident when they had seen the complainant running out of house.
It is pertinent to note that co-accused Tushar and Kamini were granted anticipatory bail. The applicant was granted interim protection with direction to co-operate with investigation. Considering nature of evidence against applicant, she need not be subjected to custodial interrogation. Hence, I pass the following order :
:: O R D E R ::
(i) Anticipatory Bail Application Nos.1089 of 2021 and 948 of 2021, are allowed to be withdrawn and stand disposed of accordingly.;
(ii) Anticipatory Bail Application No.817 of 2021, is allowed;
rpa 5/5 14,23, aba 1089 2021,948, 817 2021.doc (iii) The interim order dated 24th March, 2021, passed in Anticipatory Bail Application No.817 of 2021, is confrmed;
(iv) In the event of arrest of applicant Pramila Bhoir, in connection with CR No. I-43 of 2021 registered with Murbad Police Station, DistrictThane, the applicant be released on bail on her executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
(v) Applicant Pramila Bhoir shall appear before the investigating oficer, as and when called for; (vi) Applicants Raghunath Govind Bhoir and Mrs.Vandana Raghunath Bhoir are permitted to surrender before the investigating oficer on 3rd May, 2021 at 11:00 a.m.;
(vii) Anticipatory Bail Applications stand disposed of accordingly.
(PRAKASH D. NAIK, J.)