Shankarrao Nivrutti Dankh And Others v. The State Of Maharashtra And Another

938-ABA-526-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 526 OF 2023

1. Shankarrao Nivrutti Dankh

2. Hemlata Shankarrao Dank

3. Anusaya (Rani) Dilip Dhakephale

4. Deelip Bapurao Dhakphale ..APPLICANTS

VERSUS

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

Mr. P.B. Patil, Advocate for applicants Mr. N.T. Bhagat, A.P.P. for respondents ....

CORAM : R.G. AVACHAT, J.

DATE : 25th APRIL, 2023 PER COURT :

1.

This is an application under Section 438 of Code of Criminal Procedure. The applicants claim to have an apprehension of being arrested in connection with Crime No. 64 of 2023 registered with Bidkin Police Station, Dist. Aurangabad for the offences punishable under Sections 304-B, 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code ('I.P.C.'). 2.

Heard. Perused First Information Report ('F.I.R.') and related police papers.

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938-ABA-526-23.odt 3.

The applicants are in-laws of the deceased. The husband has already been arrested. The deceased had left matrimonial house on 27th January, 2023. She consumed poison on 14th February and succumbed thereto on 25th February. The next day thereof, the F.I.R. has been lodged. While she consumed poison, she was at her parental house. 4.

Learned A.P.P. relied on some writing made by the deceased while she was in hospital. The Court has perused the same. It is not coherent. The deceased has alleged her husband to have teased her over complexion. The allegations are general in nature. No custodial interrogation of the applicants is warranted. Two of the applicants are female. Applicant No.1 - father-inlaw is sixty-five years of age. Applicant No.4 is the husband of sister-in-law of the deceased.

5.

In view of above, order dated 13th April, 2023, granting the applicants interim anticipatory bail, is hereby made absolute. The applicants shall appear before the investigating officer, as and when required for the investigating purpose. They shall not tamper with the prosecution evidence. ( R.G. AVACHAT, J. ) SSD 2 / 2