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Bombay High CourtAPPLN/6373/2014disposed off

Bhagubai W/O Bajirao Mankar v. The State Of Maharashtra

2015-01-12Hon'Ble Shri Justice T.V. Nalawade2 pages

1 Application 6373/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Criminal Application No.6373 of 2014 Bhagubai w/o Bajairao Mankar.

.. Applicant.

Versus

The State of Maharashtra.

.. Respondent.

-------- Shri. Gajanan Kadam, Advocate, for applicant. Shri. R.P. Phatke, Additional Public Prosecutor, for respondent.

-------- CORAM: T.V. NALAWADE, J.

DATE : 12th JANUARY 2015 ORDER:

1) This application is filed for relief of anticipatory bail. Both the sides are heard. This Court has perused the papers of investigation.

2) Crime is registered on the basis of report given by uncle of the deceased. Deceased was given in marriage to the son of the applicant on 24-12-2013. There are allegations that ill-treatment was given to her by the husband and his mother and there was illegal demand of money etc. She died on 7-10-2014.

2 Application 6373/2014 3) Police papers show that the prosecution wants to prove that the husband had taken the deceased out of residential place and on the way by the side of the road he finished the deceased by hitting stone on her head as there was quarrel between him and the deceased. Thus, the State wants to prove that the death took place out side the house and the husband was in the company of the deceased.

4) In view of the nature of material recovered against the applicant this Court holds that protection needs to be given. It appears that after granting interim relief in favour of the applicant, police filed charge-sheet. In view of the aforesaid circumstances, this Court holds that police need no custody of the applicant for investigation.

5) In the result, the application is allowed. Interim relief granted is confirmed.

Sd/- (T.V. NALAWADE, J. ) rsl