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Bombay High CourtABA/1384/2023application allowed

Munna @ Razzak Habib Mujawar v. The State Of Maharashtra And Another

2023-09-13Hon'Ble Shri Justice R. M. Joshi2 pages

956-ABA-1384-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1384 OF 2023 MUNNA @ RAZZAK HABIB MUJAWAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. G. J. Kore APP for Respondents: Mr. S. W. Munde ...

CORAM:R.M. JOSHI, J DATE :SEPTEMBER 13, 2023 PER COURT :

1.

Applicant apprehends arrest in connection with with C.R. No. 137 of 2023 registered with Lohar Police Station, Dist. Osmanabad for the offences punishable under Sections 306, 323, 498-A, 504 read with Section 34 of the Indian Penal Code.

2.

The informant is father of deceased Naushad who committed suicide on 28.06.2023. It is reported that she was married on 17.07.2020 with Imran Habib. It is alleged that the husband and his relatives demanded dowry and caused harassment to her. There is specific allegation against the son-in-law that he had demanded sum of Rs. 1 lacs for establishing computer shop. 3.

Learned Counsel for the Applicant states that

956-ABA-1384-2023.odt Applicant is brother-in-law of deceased and there is no specific allegation against him that due to his any positive act deceased has committed suicide.

4.

Learned APP opposed the application.

5.

Perusal of the FIR as well as statement of witness do not indicate any positive / specific act has been done by the present Applicant which compelled the deceased to commit suicide. In fact all allegations are appearing against the husband who can be possibly said to be responsible for the same.

6.

In view of above, application stands allowed by confirming order dated 23rd August, 2023.

(R.M. JOSHI, J.) Malani