Bombay High CourtABA/2147/2018anticipatory bail granted

Jitendra Nana Patil v. The State Of Maharashtra And ANR

2018-10-16Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3 953-aba-2147-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2147 OF 2018 Jitendra Nana Patil .. Applicant Vs.

State of Maharashtra & Anr.

.. Respondents ......

Mr.Avinash B. Patil, Advocate for the Applicant. Mr.A.R. Kapadnis, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

OCTOBER 16, 2018.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.II-14 of 2018, registered with Kolshewadi Police Station, Kalyan, District - Thane. The offences were registered under Sections 509, 501, 504, 506 and 507 of Indian Penal Code ("IPC", for short) and Section 67 of Information Technology Act ("IT Act", for short) read with Section 23 of the Juvenile (Care and Protection of Children) Act, 2000. FIR was registered on 15th March, 2018. FIR relates to the dispute between the complainant and the applicant. The marriage between the parties was solemnized in the year 2015. It is pertinent to note that Sections 498-A and 406 of IPC were added subsequently.

rpa 2/3 953-aba-2147-18.doc Applicant preferred an application for anticipatory bail, which was rejected on 3rd October, 2018. Considering the nature of allegations and the fact that the dispute arises out of the matrimonial discord between the parties, custodial interrogation of the applicant is not necessary.

Hence, I pass the following order :

:: O R D E R ::

(i) Anticipatory Bail Application No.2147 of 2018, is allowed;

(ii) In the event of arrest of the Applicant in connection with C.R.No.II-14 of 2018, registered with Kolshewadi Police Station, Kalyan, District-Thane, he may be released on his furnishing P.R. Bond in the sum of Rs.20,000/-, with one or more sureties in the like amount;

rpa 3/3 953-aba-2147-18.doc (iii) Applicant shall report investigating officer of Kolshewadi Police Station, Kalyan, DistrictThane, once in a week on Friday between 10:00 a.m. to 12:00 noon, till filing of the chargesheet; (iv) Anticipatory Bail Application No.2147 of 2018, stands disposed of.

(PRAKASH D. NAIK, J.)