Manda Wd/O. Akash Mule v. The State Of Maharashtra

{1} 29-ABA-1316-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1316 OF 2022 Manda Wd/O. Akash Mule ...Applicant

Versus

The State Of Maharashtra

...Respondent

Mr. R.B. Dhakane, Advocate for the applicant. Mr. V.S. Badak, APP for State.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 10 th OCTOBER, 2022 ORDER :

1.

Heard the learned advocate for the applicant and learned Additional Public Prosecutor. Perused the investigation papers.

2.

It is the prosecution case that the husband of the applicant committed suicide because the applicant disclosed him that the child which she is bearing was not his. Due to said disclosure, her husband got frustrated and went into depression and he committed suicide. According to the prosecution, the applicant, therefore, has committed offence punishable under Section 306 of IPC.

Bhagyawant Punde

{2} 29-ABA-1316-2022 3.

On going through the investigation papers, it is clear that no ingredient of abetment defined under section 107 of IPC is made out against the applicant. Therefore, prima facie no offence punishable under section 306 IPC is appears to be committed by the applicant. In that view of the matter, the application is allowed in terms of interim order dated 03.10.2022.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde