Arvindkumar Dev And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION A.B.APPLICATION NO.1522 OF 2018 Arvindkumar Dev and Anr.

..

Applicants

Versus

State of Maharashtra ..

Respondent Mr. Aniket U. Nikam for applicant Mr. S.S.Pednekar, APP for State.

CORAM

:

SMT. SADHANA JADHAV, J.

DATE :

31st July 2018.

P.C.

1] Heard. This is an application under section 438 of Cr.P.C. The applicants herein are apprehending their arrest in C.R.No.303 of 2018 registered with Sanghvi police station, Dist. Pune for offences punishable under section 306, 304(b), 498A, 323, 504 and 506 read with 34 IPC. The applicants herein happen to be the parents of one Kumar Vibhuti Bhushan @ Nanhe Arvindkumar Dev and parents in law of deceased Manisha Kumari. The marriage of deceased Manisha Kumari was solemnised on 22nd June 2017. The applicants are original residents of Dist. Supaul state of Bihar.

2] That their daughter in law Manisha Kumari had committed suicide on 23rd June 2018. On 25th June 2018, brother of deceased Brajesh Thakur lodged a report at the police station alleging that the deceased was being harassed and ill-treated at the hands of her husband and in laws. That, they had spent almost Rs.15 lakhs at the time of her marriage. That, there was constant demand for money from the husband. The deceased was also assaulted on account of demand for money. The deceased and her husband had started residing at Pune since March 2018. There are omnibus allegations against the present applicants that they were also demanding money from Manisha Kumari and insisting upon her to fetch money from her parents. Hence, the deceased was compelled to commit suicide.

3] Prima facie, it appears that Manisha Kumari and her husband were not residing under the same roof as that of the applicants. At the most, the applicants could be held liable for offences punishable under section 498-A of IPC. 4] In view of the above mentioned facts, the applicants

deserve to be granted pre-arrest protection. Hence, the order:- (I) In the event of their arrest, the applicants shall be released on bail on furnishing P.R.Bond of Rs.25,000/- each with one or more solvent sureties in the like amount. (II) The applicants shall report to the concerned police station as and when called for.

(III) The applicants shall not tamper with the evidence; (iv) The application stands disposed of.

(SMT. SADHANA JADHAV, J.) Yogeshwar Bhalchandra Gokhale Yogeshwar Bhalchandra Gokhale Date: 2018.08.02 00:27:53 -0400