Hiraman S/O Yadav Ingole And Others v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 947 ANTICIPATORY BAIL APPLICATION NO.1496 OF 2021

1. Hiraman s/o Yadav Ingole

2. Kaushalyabai w/o Hiraman Ingole

3. Gangadhar s/o Malhari Lemle,

4. Gayabai w/o Gangadhar Lemle,

5. Rahul s/o Gangadhar Lemle ....Applicants

Versus

The State of Maharashtra ....Accused ...

Mr. D. M. Shinde. , Advocate for the applicants. Mr. A. V. Deshmukh , A.P.P. for respondent - State. ...

CORAM :

PRAKASH D. NAIK, J.

DATE :

22-12-2021 PER COURT :

1.

Offence is registered under Sections 304B r/w 34 of the Indian Penal Code vide Crime No. 320/2021 with Kalamnuri Police Station, District Hingoli.

2.

Marriage of the victim was solemnized with accused No. 1 in 2017. The incident in question had occurred on 18.11.2021. The case of the prosecution is that body of the victim was found in the well situated in the agricultural feld.

(2) It was alleged that there was constant demand of money from the accused. The victim was killed by them. According to applicants it is accidental death. Applicant Nos. 1, 2 and 3 are senior citizens, aged about 70, 65, 55 respectively. Applicant Nos. 1 and 2 are father-in-law and mother-in-law of the victim. Accused Nos. 3, 4 and 5 are other relatives. Husband has been arrested and he is in custody. The frst information report does not contain any specifc allegation that the victim was killed by the accused. Order passed by the learned Sessions Judge also does not indicate that there were any injuries on the body of the victim.

3.

The applicants were granted interim protection by order dated 10.12.2021.

4.

Learned APP submitted that the accused were involved in the crime. Allegations constituting the offence were attributed to all the accused.

5.

As stated above, some of the applicants are senior citizens. The husband is already in custody. Custodial interrogation of applicants is not required. Hence, I pass the following order :-

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ORDER

(i) Anticipatory Bail Application No. 1496 of 2021 is allowed.

(ii) In the event of arrest of the applicants in Crime No. 320 of 2021 registered with Kalamnuri Police Station, District Hingoli, the applicants be released on bail on executing P.R. Bond in the sum of Rs. 15,000/- each with one or more sureties in the like amount.

(iii) The applicants shall report the Investigating Officer on 28.12.2021, 29.12.2021 and 30.12.2021 between 11.00 a.m. and 1.00 p.m.

(iv) Application stand disposed of.

(PRAKASH D. NAIK, J.) shp/-