Milan W/O. Prashant Banait v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2613 OF 2017 Milan w/o Prashant Banait ... Applicant
VERSUS
The State of Maharashtra ... Respondent .....
Mr. G.R.Syed, advocate for the applicant Mr. A.A.Jagatkar, A.P.P for respondent .....
CORAM : K.L.WADANE, J.
DATED : 28th JUNE, 2017 O R D E R :
Heard the learned counsel for the applicant and the learned A.P.P. for respondent. 2.
The father-in-law of the present applicant namely Jeevan Banait lodged complaint with Faizpur police Station, Taluka Yawal, District Jalgaon stating that the husband of present applicant had committed suicide on the ground of illtreatment given to him by his in-laws and wife i.e. the present applicant.
3.
On the basis of the first information report given by the informant, offence came to be registered at Faizpur police station, Taluka
Yawal, District Jalgaon as Crime No. 65 of 2016 for the offences punishable under Sections 306, 506, 34 of the Indian Penal Code.
4.
Learned counsel appearing for the applicant submits that the main allegations about illtreatment are against in-laws of the deceased and present applicant is wife of deceased. There are no allegations against the present applicant. 5.
Learned A.P.P. submits that there are statements of the friends of the deceased namely Ganesh and Yuvraj. On perusal of statement of Yuvraj Chavan, it appears that one day before the incident he had talk with the deceased on his mobile and such talk was recorded in the mobile. It is the allegation of the prosecution that recording on the mobile discloses that the deceased informed to his friend Yuvraj that if something goes wrong, then the in-laws of deceased would be responsible for the same. Further it discloses that when the deceased contacted the wife i.e. present applicant on mobile and inquired about the daughter, the present applicant talked
with him in arrogant manner.
6.
On perusal of the entire record, it appears that the allegation against the present applicant is about talking in arrogant manner with the deceased.
7.
Considering the nature of allegation against the present applicant, I am of the opinion that custodial interrogation of the present applicant is not necessary.
In such circumstances, she can be released on anticipatory bail.
8.
Hence the following order.
(i) Criminal Application is allowed.
(ii) In the event of her arrest, applicant be released on bail in connection with Crime No. 65 of 2016, registered at Faizpur police station, District Jalgaon, on furnishing P.R. bond of Rs. 15,000/- with one surety in the like amount.
(iii) Applicant shall not tamper with the evidence of prosecution in any manner and shall cooperate in further investigation.
9.
Criminal Application is disposed of.
(K.L.WADANE, J.) dbm