Anita Parmanand Pal v. The State Of Maharashtra

907.ABA602_2016.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 602 OF 2016 Ms. Anita Parmanand Pal ... Applicant Vs.

The State of Maharashtra ...

Respondent Mr. Ramchandra R. Tripathi, Advocate for the applicant. Mrs. Rutuja Ambekar, APP for the State.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 7th April, 2016.

P.C.:

This Application is moved for pre-arrest bail by the applicant/accused, as she is facing prosecution for the offences punishable under sections 354B, 506(2), 342, 509, 323, 504 r/w. 34 of the Indian Penal Code. The complaint is given on 8th June, 2015 at MIDC Police Station, Mumbai which is registered at C.R. No. 330 of 2015. 2.

It is the case of the complainant that on 10th February, 2015 in the afternoon at around 12.30 hours when she went to MIDC Police Station to obtain the information in respect of cases pending against the applicant/accused under Right to Information Act. She was assaulted on the road by the applicant/accused and her husband. The applicant/accused abused her and assaulted her. Hence, the offence is registered.

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907.ABA602_2016.doc 3.

On perusal of the sections invoked by the police, Section 354B is only non-bailable offence, however, she being the woman, she cannot be prosecuted for this offence as the Section says that "any man who assaults". As all the offences are bailable, the Application for Anticipatory Bail is disposed of.

(MRIDULA BHATKAR, J.) 2 / 2