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Bombay High CourtABA/427/2017allowed

Rajiv S/O. Gopalrao Rahate And Others v. The State Of Maharashtra Thr. Police Station Officer, Police Station Channi, Tah. Patur, Dist. Akol

2017-06-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba427.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.427/2017 Rajiv S/o Gopalrao Rahate and others ..Vs..

The State of Maharashtra, through Police Station Officer, Police Station, Channi, Tah. Patur, Distt. Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A. Gupta, Adv. for the applicant.

Shri N.R. Patil, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 21.6.2017.

Heard.

The applicants, apprehending arrest in crime registered against them and another accused for the offence punishable under Sections 304-B, 498-A read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, have sought pre-arrest bail. The crime is registered on the complaint of Prakash Mudhal (father of deceased Pragati) that the accused were harassing deceased Pragati, demanding dowry and as their demand is not fulfilled, she is set ablaze and she succumbed to the injuries suffered by her.

The applicant No.1 is father-in-law of deceased Pragati, applicant No.2 is mother-in-law of deceased Pragati, applicant No.3 is younger brother of

2 aba427.17 Pragati's husband and applicant No.4 is younger brother of applicant No.1. According to the applicants they had been residing separately in a village at a distance of 7 kilometers from the village where deceased Pragati and her husband Sachin resided. The applicant Nos.1 and 3 are Teachers, applicant No.4 claims to be an Agriculturist and applicant No.2 is housewife. The applicants have stated that they are not involved in any other crime / offence. These facts are not controverted by the nonapplicant. The non-applicant has not been able to show that the custody of the applicants is required for further investigation.

In the above facts, the following order is passed:

In the event of arrest in Crime No.62/2017 registered by the non-applicants, they be released on bail on executing P.R. bond for Rs.50,000/- (Rs. Fifty Thousand) each and on furnishing one solvent surety in the like amount for each of the applicant.

The application is allowed in the above terms. JUDGE Tambaskar.