Nidhi Akshayji Kankariya v. Akshay Pradipji Kankriya And Another

30-aba-1084-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1084 OF 2022 WITH APPLN/2897/2022 IN ABA/1084/2022 AKSHAY PRADIPJI KANKRIYA

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shaikh Ashraf Patel h/f Mr. Avhad Abhijeet P.

APP for Respondent/State : Mr. V.M. Kagne Advocate for Assist to P.P. : Mr. A.S. Kulkarni ...

CORAM : S.G. MEHARE, J.

DATED : 29th AUGUST, 2022 PER COURT:- 1.

Heard learned counsel for the applicant, learned APP for the State and learned counsel assisting the learned APP. 2.

The prosecution has a case that the complainant was treated well for 20 days after her marriage. Thereafter, her in-laws were asking her to do the domestic works. They had terminated the domestic servant. They were passing taunts, however, her husband was not listening to her complaints. She was not allowed to do the job and was not given money to spent. Except these, there are no allegations of harassing her physically and mentally for demand of dowry. The question is whether on the basis of allegations, Section 498-A of the Indian Penal Code would attract.

30-aba-1084-2022.odt (2) 3.

However, the learned APP has opposed the application contending that there are various serious allegations levelled against the applicant before the Women Cell.

4.

Perusal of the FIR reveals that the allegations levelled against the applicant are too general having no iota of allegations of harassing the complainant physically and mentally for the demand of dowry. Nothing is to be recovered from the applicant. Hence, the application deserves to be allowed. Hence, the following order :

ORDER

(A) The Application is allowed.

(B) Interim protection granted to the applicant by order dated 17.08.2022 is confirmed on the same terms and conditions. (C) Criminal Application No.2897 of 2022 is allowed. (S.G. MEHARE, J.) Mujaheed//