Macchindra S/O Bhagwan Kharat And ANR v. The State Of Maharashtra

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 7063 OF 2014 Macchindra s/o. Bhagwan Kharat and others ....Applicants.

Versus

The State of Maharashtra ....Respondent.

Mr. Rajendra S. Deshmukh, Advocate for applicants. Mr. A.V. Deshmukh, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 19th January, 2015.

ORDER :

1.

The application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation. 2.

The crime is registered on the basis of report given by father of deceased. Deceased was given in marriage to applicant No. 1 about six months prior to the date of incident. Allegations are made that he had agreed to pay dowry of Rs. two lakh, but he could not pay Rs. 50,000/- and he had paid only Rs. 1,50,000/- at the time of marriage and there was harassment to the deceased on that count. It is contended that the deceased used to disclose about the illtreatment on phone and

complainant had tried to convince the deceased to behave well. The remaining applicants are relatives of the applicant No. 1. The incident took place on the night between 12.9.2014 and 13.9.2014. The deceased committed suicide by jumping in to the well. The report was given on 13.9.2014 itself. 3.

The learned APP drew the attention of this Court to the statement of neighbour like Mahadu to the effect that at about 9.00 p.m. on 12.9.2014 there was quarrel between the deceased and the mother in law of the deceased and after that the mother in law had come out and she was saying that the daughter in law, deceased, had left the home and she could not be traced.

4.

Submissions made show that the applicants are behind bars since 14.9.2014. It is not certain as to how much time will be required for disposal of the case. In view of aforesaid nature of allegations, this Court holds that it is not desirable to keep the applicants behind bars till the disposal of the case. The crime is registered for the offences punishable under sections 304-B, 306, 498-A r/w. 34 of I.P.C.

5.

In the result, the application is allowed. The

applicants are to be released on bail on their furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand) by each of them. They are not to tamper the prosecution witnesses. They are not to enter the village of the complainant till the disposal of the case.

[ T.V. NALAWADE, J. ] ssc/