Alkadevi W/O Kishorrao Pawar v. State Of Mah., Thr. Pso Ps Nandanwan Dist Nagpur

ba841.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.841/2019 Alkadevi w/o Kishorrao Pawar .vs. State of Maharashtra through PSO P.S. Nandanvan, Ngapur.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. P. S. Jaiswal, Advocate for applicant.

Mr. N. B. Jawade, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : SEPTEMBER 16, 2019 Heard Mr. Jaiswal, learned counsel for applicant and Mr. Jawade, learned A.P.P. for non applicant-State. Also perused the reply and investigation papers. Applicant was arrested on 28.07.2019 by Police Station authorities, Nandanvan, Nagpur in connection with an offence punishable under Sections 304-B, 306, 498-A of the Indian Penal Code.

Learned A.P.P. primarily objected release of the applicant on the ground that charge-sheet is not filed. The prosecution case reveals that on 21.12.2018, marriage of Pooja was performed with Nikhil. Nikhil is son of the present applicant. As per the FIR lodged by Manikrao Jadhav, maternal uncle of Pooja, after marriage, though initially Pooja was given good treatment, subsequently, she was subjected to mental harassment by Nikhil, present applicant and Varsha, daughter of present applicant on account of not giving the agreed gold. As per report, in March-2019, a meeting has taken place in the house of

ba841.19.odt Mudhoji Bhosale, a respected person of community, wherein according to first informant, he agreed to give remaining gold in Deepavali. However, prior to Deepavali, in the month of July-2019, Pooja committed suicide by hanging herself. Though, charge-sheet is not filed, learned A.P.P. made available to me the investigation papers. Statement of neighbours are also recorded. Reading of those do not show any allegation against present applicant. Insofar as allegations made in FIR that deceased was carrying pregnancy and there was a suspicion over her chastity, FIR itself shows that only husband Nikhil was pressing for DNA test of the child that will be delivered by Pooja. Applicant is a lady. She is in jail since 28.07.2019 and looking to the nature of accusations, at least at this stage, I am of the opinion that applicant can be released on bail. That leads me to pass the following order.

ORDER

(i) The application is allowed.

(ii) Applicant-Alkadevi w/o Kishorrao Pawar be released on bail in connection with an offence punishable under Sections 304-B, 306, 498-A of the Indian Penal Code registered with Police Station, Nandanvan, Nagpur, on she executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

The application is disposed of.

JUDGE kahale