Tara Mahendra Bohra v. State Of Maharashtra And ANR.

IRESH SIDDHARAM MASHAL Date: 2021.12.10 16:41:29 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2956 OF 2021 TARA MAHENDRA BOHRA ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENTS AND ANR Ms. Vrinda Grover a/w Neeraj Yadav i/b Sunayana Dhakkad for the applicant Mr. A. R. Kapadnis APP for the State Mr. Prakash N. Kadam, PSI, Manikpur Police Station CORAM :

NITIN W. SAMBRE, J.

DATE:

DECEMBER 9, 2021.

P.C.:

1] Applicant is seeking pre-arrest bail in C.R. No. 400/2021 registered with Manickpur Police Station for Offences punishable under Sections 498(A) 306, 304(B) 323, 504 r/w 34 of the Indian Penal Code.

2] Prosecution case is, victim, daughter-in-law of the applicant committed suicide on 16/10/2021. Marriage took place on 25/01/2019. Since suicide is within 7 years of marriage, 1/3

circumstances in which victim committed suicide has prompted prosecution to register the offence upon a complaint lodged by brother of the deceased.

3] I have heard respective counsel. Perused the case diary viz. statement of neighbours, other witnesses. Complainant himself in an affidavit tendered before the Sessions Court sworn on 22/11/2021 has categorically stated that the victim never complained about cruelty, mental or physical harassment.

4] The fact that victim was blessed with a son appears to be sign of comfortable relationship.

5] In the aforesaid background, since the very ingredients of Section 304(B) or Section 306 cannot be inferred to be satisfied, a case for bail is made out.

(i) In the event of arrest of applicant in C.R. No. 400/2021 registered with Manickpur Police Station for 2/3

Offences punishable under Sections 498(A) 306, 304(B) 323, 504 r/w 34 of the Indian Penal Code, she shall be released on bail on furnishing P.R. bond in the sum of Rs. 15,000/- with one or two local sureties in the like amount.

(ii) Applicant shall attend the Investigating Officer from 20/12/2021 to 23/12/2021 between 10.00 a.m. to 12.00 noon and thereafter, as and when directed. (iii) Applicant shall neither tamper with evidence nor influence the witnesses in any way.

6] In response to the submissions made by learned APP, learned counsel for the applicant assures that since the mobiles are already seized by the Investigating Officer, every endeavour will be made to handover laptop/s, forthwith to the Investigating Officer. 7] Application stands disposed of.

[NITIN W. SAMBRE, J.] 3/3