Sau. Ratnamala W/O Pushpakar Naik (In Jail) v. State Of Maharashtra, Through P.S.O. Ramnagar, Chandrapur

1 ba118.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.118 OF 2016 (Sau. Ratnamala w/o Pushpakar Naik ..vs.. State of Maharashtra, through PSO, Ramnagar, Chandrapur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 16-03-2016 Heard Shri A.A. Naik, Advocate for the applicant and Shri N.B. Jawade, Additional Public Prosecutor for the non-applicant.

2.

The applicant is arrested on 28-01-2016 in crime registered against her and her son for the offences punishable under Sections 304-B, 306, 498-A read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3.

The accusations against the applicant are that the applicant and her son continuously ill-treated the victim and demanded money because of which the victim committed suicide within one month of her marriage with the son of the applicant.

4.

Though the non-applicant has opposed the application filed by the applicant and has referred to material which according to the non-applicant is

2 ba118.16 sufficient to reject the application, the non-applicant has not been able to show that further custody of the applicant is required for investigation.

5.

Considering the nature of accusations, the age of the applicant and the uncontroverted statement that the applicant was not in Chandrapur where the applicant, her son and victim were residing, during the relevant period, in my view, the applicant is entitled to be released on bail.

6.

Hence, the following order :

i) The applicant having been arrested in Crime No.80/2016 registered by the non-applicant, she be released on bail, on furnishing P.R. bond for Rs.25,000/- and one solvent surety in the like amount.

ii) The application is allowed in the above terms. JUDGE pma