Rambhau Bapurao Hinge v. The State Of Maharashtra And Another

1 927-ABA-176-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.176 OF 2023 RAMBHAU S/O BAPURAO HINGE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Vikram S. Kadam, Advocate for Applicant Mr. A.V. Deshmukh, APP for Respondents - State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 22nd FEBRUARY, 2023 PER COURT :

1.

Applicant apprehends arrest in Crime No.5/2023, registered with Selu Police Station, District Parbhani, for offence punishable under sections 498-A, 304-B r/w 34 of the Indian Penal Code.

2.

FIR is lodged by Bhausaheb Shahurao Chandane alleging that his daughter Kalpana was married with Manik Rambhau Hinge on 03/06/2020. In the marriage dowry of Rs.3 Lakhs and household articles were given. Kalpana was treated well for four months and thereafter on petty reasons the in-laws were quarreling with her. They were saying that she does not look nice and she cannot do household work. They used to taunt her and illtreat her. These facts were told by Kalpana to the informant when she used to come to the maternal house. Demand of Rs.2 Lakhs

2 927-ABA-176-23.odt was raised by the in-laws. The said demand was also raised by the applicant and his son Bhagwan to the informant. On 07/01/2023, he received information that Kalpana is admitted in the hospital and she is in serious condition. When they reached to the Civil Hospital they found Kalpana lying dead on the hospital bed. 3.

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

4.

FIR is lodged against five accused persons. Applicant/ accused No.1 is the father-in-law. Accused No.2 husband and accused No.3 brother-in-law were arrested and they are still in custody. Accused No.4 mother-in-law and accused No.5 wife of brother-in-law were granted anticipatory bail. 5.

Taking into consideration the allegations made in the FIR and material collected during the course of investigation, it appears that general allegations are levelled against applicant. Applicant is 72 years old and nothing is to be recovered from him. Pre-trial custodial detention of applicant is, therefore, not necessary in the facts of the present case.

6.

In the result, application is allowed.

7.

In the event of arrest of applicant in Crime No.5/2023,

3 927-ABA-176-23.odt registered with Selu Police Station, District Parbhani, for offence punishable under sections 498-A, 304-B r/w 34 of the Indian Penal Code, applicant be released on executing Personal Bond of Rs.15,000/-, with one surety in the like amount. 8.

Till filing of charge-sheet, applicant shall attend concerned police station as and when called by the investigating officer. Applicant shall not tamper prosecution evidence. (NITIN B. SURYAWANSHI, J.)