Nirmalabai W/O. Kishan Tarfe v. The State Of Maharashtra

28-ABA-1152-2022 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 28 ANTICIPATORY BAIL APPLICATION NO. 1152 OF 2022 NIRMALABAI W/O. KISHAN TARFE

VERSUS

THE STATE OF MAHARASHTRA .....

Advocate for Applicant : Mr. Dhananjay M. Shinde APP for Respondent-State : Mr. V. M. Kagne .....

CORAM : S. G. MEHARE, J.

DATED : 19 SEPTEMBER 2022 PER COURT :- 1.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

2.

It has been alleged that the applicant was not allowing the deceased to cook. A day before the incident, the brother of the deceased came to fetch her back to attend a marriage. However, the husband disallowed her to go to attend the marriage. 3.

Learned counsel for the applicant submits that the applicant has no role to play. There was a dispute between the husband and the wife. The deceased was short tempered. There was no reason to commit suicide, if she was denied to go with her brother to attend the marriage of her relative. Nothing is to be recovered from the applicant.

28-ABA-1152-2022 -24.

The sole argument of the learned APP is that the incident happened within short period of her marriage and therefore, the offence is serious. The applicant has no case for anticipatory bail. 5.

Perused the papers placed on record by the learned APP. The sole allegation against the applicant is that she was not allowing the the deceased to cook. Considering the allegation levelled against the applicant and the last incident due to which the deceased committed suicide, this Court is of the view that custodial interrogation of the applicant would serve no purpose. The application deserves to be allowed. Hence, the following order :

ORDER

I.

The application is allowed.

II. The interim protection granted to the applicant by order dated 29.08.2022 is confirmed on the same terms and conditions.

[S. G. MEHARE, J.] vre