Rekha W/O. Baburao Kongle v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 867 OF 2021 Rekha w/o Baburao Kongle Age 46 years, Occu: Household R/o H. No. 214, Lane No.2, Opp. Navnathnagar, Garkheda, Tq. & Dist. Aurangabad ...

Applicant

VERSUS

1.

The State of Maharashtra, Through Mukundwadi Police Station, Aurangabad ...

Respondents Mr. M. L. Wankhede, Advocate for the applicant, Mr. A. V. Deshmukh, A.P.P. for the State.

CORAM

: V. G. BISHT, J.

DATE : 18th August, 2021.

ORDER:

1.

This is an application under section 438 of the Code of Criminal Procedure, 1973 preferred by the applicant seeking grant of pre-arrest bail in connection with Crime No.229/2021 registered with Mukundwadi Police District Aurangabad for the offences punishable under Sections 420, 406, 506, 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act. 2.

Daughter of the informant was engaged to son of the present applicant on 29.01.2020. In the said engagement ceremony, the informant gave gold ring and clothes and the marriage was fixed on 07.06.2021. But on 20.05.2021, the applicant and her family members

refused to go ahead with the marriage ceremony as, according to them, the informant's daughter was not liked by them, however, they put a condition that if more monies are given in the marriage ceremony then only it will be performed.

3.

Mr. M. L. Wankhede, learned counsel for the applicant, submits that having regard to the nature of allegation, custodial interrogation is not necessary. Hence, the application deserves to be allowed. 4.

Mr. A. V. Deshmukh, learned A.P.P., submits that there was demand of dowry since beginning and even after incurring expenses in the engagement ceremony, the applicant and her family members refused to go ahead with the marriage ceremony. In this circumstance, the present application does not deserve consideration. 5.

The perusal of the record would show that the marriage was allegedly broken by the applicant and her family members on the pretext that the daughter of the informant was not liked by them so also they were allegedly demanding more monies if the marriage ceremony was to go ahead.

6.

Essentially, the nature of allegations does not warrant custodial interrogation and this being so the present application deserves to be allowed.

7.

For the aforesaid reason, I pass the following order.

O R D E R

i.

In the event of arrest of the applicant in connection with Crime No.229/2021 registered with Mukundwadi Police District Aurangabad for the offences punishable under Sections 420, 406, 506, 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, the applicant is directed to be enlarged on bail on his furnishing P.R. Bond of Rs.20,000/- [Rs. Twenty thousand only], with one or two solvent sureties in the like amount. ii. The applicant shall attend concerned police station as and when called and shall cooperate with the police in the investigation.

8.

Application stands disposed of in the aforesaid terms. (V. G. BISHT, J.) JPC