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Bombay High CourtAPPLN/1408/2016disposed off

Radhakisan S/O Balasaheb Nagargoje v. The State Of Maharashtra

2016-03-29Hon'Ble Shri Justice M.T. Joshi3 pages

1 Cri. Appln. 1468-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1468 OF 2016 Bhausaheb S/o Prabhakar Jadhav, Age : 21 years, Occu.: Agril., R/o Kanerwadi, Tq. Kallamb, Dist. Osmanabad .. Applicant Vs.

1] The State of Maharashtra 2] Superintendent of Police, Osmanabad Dist. Osmanabad .. Respondents .....

Mr. Sushant B. Choudhari, Advocate for the applicant Mr. A.S. Shinde, APP for the respondent-State ......

CORAM : M.T. JOSHI, J.

DATED : 28/03/2016 ORAL ORDER :

Heard both sides.

2.

The present applicant, who is arrested by Kallamb Police Station, Dist. Osmanabad in Crime no. 15 of 2016 for the offences punishable under section 498A, 376(2)(f), 494 r/w. 34 of the Indian Penal Code, is praying for his release on regular bail.

2 Cri. Appln. 1468-2016 3.

The applicant is the husband of the complainant. According to the complainant, after her marriage with the applicant, the present applicant as well as her in-laws forcibly directed her to keep illicit relations with her own brother in law, namely, Kakasaheb and, thereafter, she was driven away from the matrimonial home on or about 01/03/2015 and later-on she came to know that the applicant was already married. Thereafter, the delivery took place on 03/11/2015 and the FIR came to be filed on 27/01/2016. 4.

Learned counsel for the applicant submits that investigation qua the present applicant is practically complete. False and improbable allegations are made that the applicant forced his wife for the illicit relations with his own brother.

5.

Learned A.P.P. submits that the principal accused - Kakasaheb is still absconding.

6.

Considering all the material on record and finding that the investigation as regards the present

3 Cri. Appln. 1468-2016 applicant is practically complete, the application is hereby allowed.

7.

The applicant be released on bail in Crime no.15 of 2016 registered with Kallamb Police Station, Dist. Osmanabad for the offences punishable under section 498-A, 376(2)(f), 494 r/w. 34 of the Indian Penal Code, upon his executing P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand) and also upon furnishing surety in the like amount.

8.

The applicant shall not attempt to influence the prosecution witnesses in any manner.

9.

Application stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/-