Bebabi Krushna Pawar v. The State Of Maharashtra And Another

{1} aba130-23.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.130 OF 2023 Bebabi Krushna Pawar APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Adinath B. Jagtap, Advocate for the applicant Mr. A. V. Deshmukh, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 15 th FEBRUARY, 2023 ORDER :

1.

Applicant apprehends arrest in Crime No. 203 of 2022 registered with Mantha Police Station, Mantha District - Jalna for offence punishable under section 307, 323, 504, 506 read with 34 of the Indian Penal Code.

2.

FIR is lodged by Alinka w/o Amol Pawar, daughter in law of the present applicant, against her husband, mother in law - the applicant and one Raju Shankar Pawar - uncle of her husband, alleging that her husband was suspecting her character and the accused persons, in collusion, have abused and assaulted her. Accused No.2 and 3 came in the house and caught hold of her and her husband - accused No.1 got bottle of poisonous

{2} aba130-23.doc substance and administered it to her.

3.

Heard learned advocate for the applicant and the learned Additional Public Prosecutor for the State. Perused investigation papers.

4.

The applicant is mother in law of the informant. Charge sheet is filed in the present crime on 12th December, 2022 and the case is numbered as RCC No. 277 of 2022. Since the bottle containing poisonous substance i.e. insecticide is recovered, nothing is to be recovered from the applicant. The applicant being a woman, is entitled for protection. Pre-trial custodial detention of the applicant is not warranted in the facts of the present case.

5.

In the result, the application is allowed. In the event of arrest of the applicant in Crime No. 203 of 2022 registered with Mantha Police Station, Mantha District - Jalna for offence punishable under section 307, 323, 504, 506 read with 34 of the Indian Penal Code, the applicant be released on executing Personal Bond of Rs.15,000/- with one surety in the like amount. The applicant shall not tamper prosecution evidence. [NITIN B. SURYAWANSHI] JUDGE drp/aba130-23.doc