Bhimrao S/O Bhagwan Malusare v. The State Of Maharashtra

1 Application 65/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Criminal Application No.65 of 2015 Bhimrao S/o Bhagwan Malusare.

.. Applicant.

Versus

The State of Maharashtra.

.. Respondent.

-------- Shri. Sachin S. Shinde, Advocate, for applicant. Shri. M.M. Nerlikar, Additional Public Prosecutor, for respondent.

-------- CORAM: T.V. NALAWADE, J.

DATE : 22nd JANUARY 2015 ORDER:

1) The application is filed for relief of bail. Both the sides are heard. This Court has perused the papers of investigation.

2) Crime is registered on the basis of report given by father of the deceased. The deceased was given in marriage in the year 2003 to the son of the applicant. Allegations are made that she delivered only female child,

2 Application 65/2015 two daughters, and due to that the husband and his relatives were not happy. It is contended that to have a son the husband married second wife when there was no consent of the deceased. It is contended that the second wife became pregnant and then more ill-treatment was given to the deceased. The deceased used to disclose about the ill-treatment to her father and other relatives from parents side. She consumed poison to commit suicide on 10-12-2014.

3) The learned Additional Public Prosecutor submitted that severe ill-treatment was given and due to that she committed suicide. The husband had also married second time for which the applicant had supported and so he is not entitled for bail.

4) The incident took place after more than 10 years of the marriage and the allegations are of aforesaid nature mainly against the husband. The applicant is father of the husband and he is behind the bars since 16-122014.

3 Application 65/2015 5) In the result, the application is allowed. The applicant is to be released on bail in Crime No.150/2014 registered in Bhokardan Police Station for offences punishable under sections 306, 498-A, 494, 34 of the Indian Penal Code on his furnishing PR and SB of Rs.15,000/-. He is not to tamper with prosecution witnesses.

Sd/- (T.V. NALAWADE, J. ) rsl