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Bombay High CourtABA/1677/2023application allowed

Dnyandeo Balaji Ghanghav And Another v. The State Of Maharashtra And Another

2024-01-11Hon'Ble Shri Justice N. B. Suryawanshi3 pages

2024:BHC-AUG:499

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1677 OF 2023

1. Dnyandeo Balaji Ghanghav 2 Padmabai W/o Dnyandeo Ghanghav ... Applicants

VERSUS

The State of Maharashtra and another ... Respondents ......

Mr. N.S. Ghanekar, Advocate h/f Mr. V.S. Wakale, Advocate for the Applicants Mr. N.B. Patil, APP for Respondent Nos.1 and 2- State Mr. V.B. Kulkarni, Advocate for Informant ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 11th JANUARY, 2024 ORDER :

1.

Applicants apprehend arrest in Crime No. 358 of 2023, registered with Badnapur Police Station, District Jalna for offences punishable under sections 304-B, 306 read with 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

2.

FIR is lodged by informant Sanjay Vitthal Bhavar alleging that, his sister Sharda married with Sharad, son of applicants on 04.05.2017. Rs.4,00,000/- was dowry amount decided, out of which Rs.2,00,000/- was given in engagement

ceremony and remaining dowry amount was to be paid after one year. After marriage, Sharda was treated well for a period one year. Thereafter, she delivered two daughters. Informant had paid to pay considerable amount for both deliveries. Due to Corona, informant could not fulfill the demand of remaining amount of dowry. Therefore, Sharda was subjected to ill treatment by her in laws. On 26.08.2023, informant came to know that Sharda along with her two daughters committed suicide by jumping in Kolhapur Dam. He, therefore, lodged FIR.

3.

Heard learned advocate for applicants, learned APP for respondents - State and learned advocate for informant. Perused the investigation papers.

4.

Sharad Dnyandeo Ghanghav is arrested and he is in jail. Charge-sheet in the present crime is already filed. Both the applicants are aged 66 and 62 years respectively. Nothing is to be recovered from applicants, in view of filing of chargesheet, their custodial detention is not necessary. 5.

The application is therefore allowed. In the event of arrest of the applicants Dnyandeo S/o Balaji Ghanghav and Padmabai W/o Dnyandeo Ghanghav, in connection with Crime

No.358 of 2023, registered with Badnapur Police Station, District Jalna for offences punishable under sections 304-B, 306 read with 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act, be released on executing PB and SB of Rs.15,000/- each with one surety in the like amount.

6.

Applicants shall regularly attend the trial and shall not tamper prosecution evidence.

[ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane