Mohan Revappa Narayane v. The State Of Maharashtra And Another
2024:BHC-AUG:9342 {1} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.476 OF 2024 1.
Kalinda w/o Mohan Narayane APPLICANTS 2.
Dattatray Mohan Narayane
VERSUS
The State of Maharashtra and Another RESPONDENTS AND ANTICIPATORY BAIL APPLICATION NO.501 OF 2024 Mohan Revappa Narayane APPLICANT
VERSUS
The State of Maharashtra and Another RESPONDENTS .......
Mr. Narayan B. Narwade, Advocate for the applicants Mrs. P. V. Diggikar, APP for respondent - State .......
[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 2 nd MAY, 2024 ORDER :
1.
Applicants apprehend arrest in connection with Crime No. 35 of 2024 registered with Ahmednagar Taluka Police Station, District - Ahmednagar for offence punishable under sections 328 and 504 of the Indian Penal Code.
2.
FIR is lodged by Geeta Dattatray Narayane, daughter in law of applicants Kalinda Mohan Narayane and Mohan Revappa Narayane and wife of applicant Dattatraya Mohan Narayane
{2} alleging that, after marriage, she was treated well only for 9 to 10 months, thereafter, accused persons started ill-treating her, by suspecting her character. Since two daughters were born out of the wedlock, ill-treatment to her increased. She had lodged a case under section 498A of the Indian Penal Code, which matter was amicably settled. On 19th January, 2024, applicants assaulted her by suspecting her character. On 20th January, 2024, at about 9.00 a.m. applicants again quarreled with her and threatened her to leave their house. They abused her in filthy language and forcibly administered poisonous substance to her, with an intention to kill her. Her husband caught hold of her hands, father in law caught hold of her legs and mother in law administered said poisonous substance through her mouth. 3.
Heard learned advocate for applicants and learned APP For the State. Perused the papers of investigation. 4.
During investigation, it is transpired that informant has disclosed to the witnesses that she had consumed poison. Statement of neighbour to that effect is part of investigation papers. Admittedly, there are matrimonial disputes between applicant Dattatray and informant. It appears that applicants - in laws of informant were staying separately from informant and applicant - Dattatray.
{3} 5.
Considering aforesaid backdrop and the fact that applicant Dattatray is serving in Police Department and if arrested he may lose his job and as nothing is to be recovered from applicants, they are entitled for bail. In the facts of the present case, pretrial custodial detention of applicants is not necessary. Hence, following order
ORDER
A.
Anticipatory Bail Applications are allowed.
B.
In the event of arrest of applicants in connection with Crime No. 35 of 2024 registered with Ahmednagar Taluka Police Station, District - Ahmednagar, applicants be released on executing Person Bond and Surety Bond of Rs.15,000/- each with one surety each in the like amount. C.
Till filing of charge sheet, applicants shall attend the concerned police station as and when called by the Investigating Officer.
D.
Applicants shall not tamper prosecution evidence. [NITIN B. SURYAWANSHI] JUDGE drp/aba476-24.doc