Parvatabai Magan Bhate And Another v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1054 OF 2025 1.

Parvatabai Magan Bhate 2.

Sangita w/o Bhimraj Bhate ....Applicants

VERSUS

The State of Maharashtra .....Respondent .....

Mrs. R. S. Kulkarni, Advocate for Applicants. Mr. R. S. Wani, APP for the State.

CORAM : ADVAIT M. SETHNA, J.

DATE : 30 JUNE, 2025.

P. C. :

1.

This Application is listed for the first time. 2.

Issue Notice to the Respondent returnable on 21 July 2025. The learned APP waives service of notice on behalf of the Respondent.

3.

With the assistance of the learned Advocate for the Applicant and the learned APP, I have perused the First Information Report (for short 'FIR') and also the record before the Court. The said FIR is lodged on 4 June 2025 at 22.26 hours by the Kopargaon

- 2 - Rural Police Station, District Ahilyanagar. The sections invoked are are 80, 85 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). The date of the alleged incident/occurrence of the offence is 28 May 2025.

4.

A perusal of the FIR would indicate that the role attributable to the present accused persons i.e. the grand mother of the accused No. 1 and the mother-in-law of the deceased are concerned, it is primarily that of harassment and forcing the deceased to get some money from her parents household. Prima facie, it appears that there is no specific role attributed to these Applicants in the FIR to attract the provisions of Sections 80 and 85 of the BNS as invoked in the FIR. Also there appears to be no specific allegations of inducement/instigation against the present Applicants in relation to the death of the deceased by hanging on 28 May 2025, as disclosed in the FIR. It may be noted that as far as the husband and father-in-law of the deceased are concerned, both of them are presently under judicial custody. Such fact is not controverted by the learned APP. Applicant No. 1 is stated to be 81 years of age. The Applicants have undertaken to fully co-operate with the investigation.

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Considering the above facts and circumstances, the Applicants, at this stage, deserve some protection which is operated by the following order :-

O R D E R

(i) (i) Until adjourned date of hearing, in the event of arrest of the applicants Parvatabai w/o Magan Bhate and Sangita w/o Bhimraj Bhate, in connection with C.R. No. 0171/2025, registered with Kopargaon Rural Police Station, District Ahilyanagar, for the offences punishable under Sections 80, 85 read with 3(5) of the BNS, the applicants are directed to be released on bail on their furnishing PR bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand Only) each with one surety each in the like amount.

(ii) The applicants shall attend the concerned Police Station on every Monday at 11.30 am, until the further orders and shall cooperate with the investigation. (iii) The Applicants shall furnish details of residential address and other contact details such as the mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately informed to the concerned police station. (iv) The applicants shall not leave the jurisdiction of the competent Court without prior permission, until further orders.

(v) They shall not contact and/or influence the witness/es

- 4 - and/or tamper with the evidence in any manner whatsoever.

6.

List the Application for further consideration/hearing on 21 July 2025.

7.

The protection granted in favour of the Applicants by today's order shall continue until the adjourned date of hearing. ( ADVAIT M. SETHNA) Judge dyb