Meerabai Ramesh Barfe v. The State Of Maharashtra
9-BA.1135.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.1135 OF 2022 Meerabai Ramesh Barfe ..Applicant Vs.
The State of Maharashtra ..Respondent AND BAIL APPLICATION NO.998 OF 2022 Kiran Ramesh Barfe ..Applicant Vs.
The State of Maharashtra ..Respondent ---- Mr.Ravindra V. Gore, Advocate for applicants Mr.N.T.Bhagat, APP for respondent ---- CORAM : R.G. AVACHAT, J.
DATE : AUGUST 02, 2022 ORDER :- These applications have been filed under Section 439 of the Code of Criminal Procedure. The applicants have been arrested in connection with Crime No.277 of 2022 registered with Bidkin Police Station, Dist. Aurangabad.
2.
Heard learned counsel appearing for the parties. 3.
The FIR has been lodged by the mother of the deceased on 19.06.2022. The applicants Mirabai and Kiran are mother-in-law and
9-BA.1135.2022 brother-in-law, respectively, of the deceased. The deceased committed suicide by hanging at her matrimonial home in the night on 17.06.2022. It is alleged in the FIR that the deceased had married with Milind, co-accused, about eight years before. When the father of the deceased retired from service on superannuation, he had received Rs.Thirty Lakhs as his retiral benefits. The husband of the deceased had demanded Rs.Five Lakhs for business purpose. The father of the deceased had, therefore, paid him that much amount. It is alleged that still, the illtreatment continued. The parents-in-law, husband, brother-in-law and sister-in-law would illtreat the deceased for one or the other reasons. It is further alleged that on the fateful night, the deceased had made a phone call to her mother (informant) and informed that she was being illtreated and beaten up by one and all the in-laws residing with her at her matrimonial home. In the morning, the informed again received a phone that the deceased committed suicide. The informant, therefore, lodged the FIR.
4.
It is unfortunate that the deceased had to end her life by committing suicide within eight years of her marriage. The sister-inlaw and the father-in-law of the deceased have already been granted
9-BA.1135.2022 bail. There is no suicide note. The evidence is in the nature of oral statements of the informant and her family members. One of the applicants before this Court is female.
5.
Both the applicants have been behind the bars since 19.06.2022. In the facts and circumstances of the case, their pretrial detention is not warranted, although investigation of the case is still in progress.
6.
In view of the above, the Court is inclined to grant the applicants bail. Hence, the following order:- (i) Both the applications are allowed.
(ii) The applicants be released in connection with Crime No.277 of 2022 registered with Bidkin Police Station, Dist. Aurangabad, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety each in the like amount.
(iii) The applicants shall not tamper with the prosecution evidence in any manner.
[R.G. AVACHAT, J.] KBP