Sanjay Balu Goykar And Others v. The State Of Maharashtra

1 911-ABA-1290-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1290 OF 2022 SANJAY BALU GOYKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Rahul R. Karpe APP for Respondent - State : Mr. A. V. Deshmukh, Assisted by Mr. M. B. Sandanshiv ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 10th NOVEMBER, 2022 PER COURT :

1.

FIR at C.R. No.0596/2022 is registered against applicants with Karjat Police Station, Ahmednagar for offences punishable under Sections 304-B(2), 306 read with Section 34 of the Indian Penal Code, on 03/09/2022. Applicant No.1 is husband, applicant No.2 is mother-in-law and applicant No.3 is father-in-law of deceased Rupali.

2.

Heard learned advocate for applicants and learned Assistant Public Prosecutor for respondent - State. Perused the investigation papers.

3.

Marriage of Rupali and Sanjay took place one year prior to the date of incident. At the time of marriage, it is alleged that applicants told bride's family that applicant No.1 possess a pick-up vehicle. After marriage it was revealed that said pick-up vehicle was belonging to maternal uncle of husband and he took it back. SVH

2 911-ABA-1290-22.odt Thereafter, physical and mental ill-treatment of Rupal was commenced, forcing her to bring Rs.2,00,000/- from her parents. Rupali conceived and was taken to maternal house for delivery. She delivered a male child. When applicants came to see Rupali and the child, even at that time, they insisted for bringing Rs.2,00,000/- from maternal house. They further told Rupali that if she fails to bring the said amount she will not be allowed to cohabit. On 03/09/2022, Rupali committed suicide by hanging leaving behind suicide note, wherein it is stated that applicants are responsible for her suicide. Rupali's father, therefore, lodged FIR in question against applicants.

4.

Undisputedly, within one year of marriage Rupali has committed suicide that too after giving birth to a male child, who at the time of suicide was two months old. These facts prima facie indicate that being fed-up with ill-treatment at the hands of applicants, Rupali was compelled to commit suicide. In suicide note Rupali has stated that applicants are responsible for her suicide. 5.

In view of these peculiar facts, I am not inclined to exercise discretion in favour of the applicants. Application is, therefore, rejected.

(NITIN B. SURYAWANSHI, J.) SVH