Shital D/O. Subhashrao Kadam v. The State Of Maharashtra And Another

2024:BHC-AUG:19028 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 ANTICIPATORY BAIL APPLICATION NO. 868 OF 2024 Shital D/o. Subhashrao Kadam

VERSUS

The State of Maharashtra and another .....

Advocate for Applicant : Mr. Vaibhav B. Dhage APP for Respondents: Mr. S.B. Narwade .....

CORAM : SHIVKUMAR DIGE, J.

DATED : 21st AUGUST, 2024.

PER COURT :- 1.

The applicant apprehends arrest in connection with crime No.134 of 2024 registered with Kandhar Police Station, district Nanded, for the offences punishable under Sections 306 r.w. 34 of I.P.C.

2.

It is the prosecution's case that the accused No.1 had illicit relations with the daughter-in-law of the informant. The applicant is daughter of the accused No.1. It is alleged that the applicant abused and harassed deceased Ramdas on the ground of illicit relations of his wife with accused No.1 i.e. father of the applicant. It is alleged that due to harassment of the applicant, the son of the informant has committed suicide.

-23.

It is the contention of the learned counsel for the applicant that the applicant has been falsely implicated in this case. The deceased has committed suicide by leaving behind a suicide note. In the said suicide note, the name of the applicant has not been mentioned. The applicant is a lady. The accused No.1 was arrested and has been released on regular bail. Considering the allegations against the applicant, her custodial interrogation is not required and requested to allow the application.

4.

It is the contention of the learned APP that the applicant is the daughter of accused No.1. She used to abuse and harass the deceased, as his wife had illicit relations with accused No.1 i.e. father of the applicant. In the suicide note, the deceased has mentioned the incident occurred with him. Considering the allegations against the applicant, her custodial interrogation is required and requested to reject the application.

5.

I have heard both the learned counsel. Perused the F.I.R. and the police papers produced on record, including the suicide note of deceased Ramdas. In the suicide note, the allegations are made against the accused No.1 and the wife of deceased Ramdas. There are no allegations against the applicant. Considering the allegations against the applicant, her custodial interrogation is not required and I

-3pass the following order:-

O R D E R

(i) The application is allowed.

(ii) The interim anticipatory bail granted to the applicant vide order dated 27.05.2024 stands confirmed on the same terms and conditions.

(SHIVKUMAR DIGE, J.) rlj/