Kanha S/O. Satyanarayan Kedia v. State Of Maharashtra Thr. P.S.O. Gondia City Dist. Gondia

1 aba392.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 392 OF 2017 (KANHA SATYANARAYAN KEDIA...VS.. STATE OF MAH. THR. P.S.O. PS GONDIA CITY, DISTT.GONDIA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. A. S. Mehadia, Advocate for applicant.

Shri. N. R. Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 12 th JUNE, 2017.

Heard.

The applicant apprehending arrest in crime registered against him for the offences punishable under Section 498-A read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, is seeking prearrest bail. Learned A. P. P. has shown his readiness to argue the matter as the relevant documents are placed on the record along with the application.

The marriage between the applicant and the complainant was solemnized on 21st April, 2015. According to the applicant, the complainant is suffering from Paranoid schizophrenia since prior to marriage and this fact was not disclosed. The applicant had filed proceedings before the Family Court, Durg seeking decree for divorce which is granted ex-parte on 13th December, 2016. The learned

2 aba392.17 advocate for the applicant has submitted that the complainant (wife) has challenged the decree by filing an appeal which is pending.

The complainant (wife) lodged complaint against the applicant on 14th of May, 2017 alleging that the applicant and his family members demanded Rs.5,00,000/- from the complainant and her parents. On this complaint, crime is registered against the applicant.

Considering the facts of the case, in my view, the applicant is entitled for pre-arrest bail.

Hence, the following order :

In the event of arrest in Crime No.257 of 2017, registered by the non-applicant, the applicant be released on bail on furnishing P. R. Bond of Rs.20,000/-. The application is allowed in the above terms. JUDGE PB Patil.