Moinuddin S/O Sirajuddin Kazi v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3005 OF 2016 Moinuddin s/o Sirajuddin Kazi, Age: 32 years, Occ: Pvt Service, R/o. Sidharth Nagar Somnathpur Road Udgir, District Latur.

..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr. Khizer Patel, Advocate for applicant;

Mr. A.S. Shinde, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 21st JUNE, 2016 ORDER :

The applicant is seeking pre-arrest bail in Crime No. 164 of 2016 registered with City Chowk Police Station, District Aurangabad for offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

2.

It is claimed that the incident took place between 08/11/2015 to 07/04/2016.

3.

Complainant Kazi Asma Moinoddin married to present applicant on 01/01/2015 and she then claimed that she was illtreated by the applicant and his family members on account of non fulfillment of

(2) demand of dowry.

4.

Perused the contents of the first information report and other investigation papers.

5.

The complainant has impleaded all family members of the applicant in the crime in question. The role attributed to the present applicant is, improper behaviour and demand of dowry. In my opinion, custodial interrogation is not necessary, particularly having regard to the fact that all the family members of the applicant are related to the accused. 6.

In view of above, in my opinion, it will be appropriate to grant protection to the applicant. Hence, the following order:- (i) In the event of arrest of the applicant, in connection with Crime No. 164 of 2016 registered with City Chowk Police Station, District Aurangabad for an offence punishable under Sections 498-A, 323, 504 read with Section 34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act, he be released on bail, on furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.

(ii) The applicant shall attend the concerned police station on 25th and 26th June, 2016 between 10-00 a.m. to 12-00 noon and thereafter as and when called by the Investigating Officer.

(3) 7.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) Tupe/