Manisha Rajkumar Bora v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 981 OF 2021 Manisha Rajkumar Bora ..Applicant V/s.

The State of Maharashtra ..Respondent ---- Mr. Sanjeev Kadam, Senior Advocate i/b Mr. Jameer Mohd Hanif Inamdar for the Applicant.

Mr. Y.Y. Dabke, APP for the Respondent/State. ---- CORAM : C.V. BHADANG, J.

SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2022.02.03 18:43:14 +0530 DATE : 2 FEBRUARY 2022 (Through Video Conferencing) P.C.

1.

The Applicant, apprehending his arrest, in connection with the investigation of Crime No. 204 of 2020 registered with Lonikand Police Station, Dist. Pune under Section 306 and 498A read with Section 34 of I.P.C. is seeking pre-arrest bail. 2.

The aforesaid crime is registered on the basis of complaint lodged by Sau. Pratibha Atkale, who is the mother of the deceased Sonali. There was a love marriage between Sonali and Pritam Bora, who happens to be the son of the Applicant. They were married on 16.07.2012. It appears that the marriage did not Sneha Chavan page 1 of 3

work well and from the complaint lodged by Pratibha Atkale, it appears that the husband of the deceased was suspecting the character of the deceased and illtreating her mentally and physically. The deceased was not allowed to speak with her relatives and was confined to her in room. The deceased informed about the ill-treatment to her sister Prajakta on 07.03.2020 stating that the ill-treatment by her husband is unbearable and she is feeling like committing suicide. Eventually, Sonali committed suicide by hanging on 19.03.2020. On the basis of the complaint lodged by Pratibha Atkale, the mother of the deceased, the offence is registered, which is under investigation.

3.

I have heard the learned counsel for the parties. With the assistance of the learned counsel for the parties, I have gone through the FIR. Prima facie, it appears that the only allegation against the Applicant is that she was unhappy with the love marriage of her son with the deceased and she was ill-treating the deceased. The allegations are of a general nature. In any event, the FIR does not show that there are any other allegations of illtreatment attributed to the Applicant proximate to the date of incident in order to infer that the Applicant had abetted the commission of suicide by the deceased.

4.

In that view of the matter, I find that the Applicant can be directed to join the investigation.

Sneha Chavan page 2 of 3

5.

In the result, the following order is passed:

ORDER

i) In the event of her arrest, in connection with the investigation of Crime No. 204 of 2020 registered with Lonikand Police Station, Dist. Pune, the applicant shall be released on bail on executing a PR Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

ii) The Applicant shall report to the Investigating Officer on 9th and 10th February 2022 between 11.00 a.m. to 1.00 p.m. and as and when required by the Investigating Officer. iii) The Applicant shall co-operate with the Investigating Agency and shall not tamper with the prosecution evidence/witnesses.

iv) The Criminal Application is disposed of in the aforesaid terms.

(C.V. BHADANG, J.) Sneha Chavan page 3 of 3