Smt. Abha W/O Ratnesh Singh v. State Of Maharashtra, Thr. P.S. Jaripatka, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [ABA] No. 216 of 2016 [Smt. Abha Ratnesh Singh Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri Raju Dhoble, Adv., for the Applicant.

Shri N.S. Khubalkar, APP for Non-applicant.

Shri P.S. Tiwari, Adv., for the complainant.

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CORAM

:

Z. A. HAQ, J.

DATE :

20th April, 2016 Heard Shri Raju Dhoble, learned Adv., for the Applicant, Shri N.S. Khubalkar, learned Addl. Public Prosecutor for the non-applicant and Shri P.S. Tiwari, learned Adv., for the complainant.

The applicant is seeking pre-arrest bail apprehending arrest in the crime registered against her for offences under Sections 324, 326 and 504 read with Section 34 of Indian Penal Code.

The crime is registered on the complaint of mother-in-law of the applicant. According to the

complainant, at the time of the incident, the applicant, who was residing with her parents, came to the matrimonial house along with her parents and brother, and as the gate of compound was locked, the applicant asked the complainant to open the gate and on refusal by the complainant, the applicant and co-accused jumped over the wall and assaulted the complainant. The application is opposed on the ground that the Medical Certificate shows that the complainant had suffered grievous injury, and, according to the complainant, that injury is caused by the blow of a hammer given by the applicant and the hammer is to be recovered. It is further stated that the applicant is not co-operating with the investigating agency.

It is on record that there had been disputes between the applicant and her in-laws and the applicant had earlier lodged complaints against the in-laws. The applicant is having one-year old child.

Considering the nature of incident, the accusations against the applicant and the facts on record, in my view, the interim order passed by this Court on 5th April, 2016 is required to be confirmed. Hence the following order:-

O R D E R

In the event of arrest in Crime No.

634/2015 registered by the non-applicant, the applicant be released on bail on furnishing PR Bond of Rs. 10,000-00 [rupees ten thousand only].

Criminal Application [ABA] No. 216 of 2016 is allowed accordingly.

---- Criminal Application No.451/16 :

In view of the above order, Cri. Appln. No.451/16 for grant of time to file certified copy of order and typed copy of FIR etc., stands disposed of.

Judge |hedau|