1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.3179 OF 2009. Farooq Shabbirkhan Patel ... Applicant. Versus The State of Maharashtra ... Respondent. ... Mr.J.V.Deshpande, advocate holding for Mr.S.V.Adwant, advocate for the applicant. Mr.K.S.Patil, A.P.P. for the State. ... CORAM : V.R.KINGAONKAR,J. Date : 01.10.2009. PER COURT 1. This is an application filed U/s 438 of the Cr.P.C. 2. The applicant is husband of complainant, namely, Hina Kausar. The complainant filed a report at Osmanpura Police 2 Station, Aurangabad (City), alleging that she has gone with the applicant in the midnight of 29.5.2009. Hina Kausar is an educated woman. They married against the wishes of their relatives. They resided for about ten (10) days at Solapur. Thereafter, they returned to Aurangabad and resided together for couple of months. 3. The prosecution case is that ornaments of Hina Kausar were taken away by her inlaws along with other articles. The applicant and his brother forcibly took her to a private office on 12.7.2009 and obtained her signatures on some Urdu documents under threat. 4. Heard learned counsel and learned A.P.P. 5. The question is whether the applicant has made out a prima facie case to show that he is likely to be humiliated due to impending arrest though he is not prima facie guilty of alleged matrimonial cruelty and cheating and that 3 the allegations made against him are unfounded. 6. As stated before, Hina is an educated woman. She exhibited daring to marry the applicant against wishes of her parents as well as other relatives of the applicant. Ordinarily, she had no business to disassociate herself from the applicant. The recitals of the FIR would prima facie show that she was residing with the applicant at house of one Dr.Amjad. She alleged that the applicant used to demand Rs.1,50,000/- (Rupees one lac fifty thousand) for his business purpose. She further alleged that he subjected her to mental and physical cruelty. Her allegations about the offence of cheating may not be of much significance at this juncture inasmuch as a video shooting was done in respect of the execution of Talaqnama. However, the fact that she had to abandon the matrimonial relations within a couple of months and unwillingly she parted company of the applicant, prima facie, go to show that there may be substance in the allegation of the matrimonial cruelty. 7. Considering the fact that the applicant 4 is husband of complainant Hina Kausar and the allegations about unlawful demand of Rs. 1,50,000/- (Rupees one lac fifty thousand) are made against him, it is difficult to say that he is likely to humiliate due to the arrest. Hence, he is not entitled to the discretionary relief of anticipatory bail. Consequently, the application is dismissed. (V.R.KINGAONKAR,J.) asp/office/Crapp317909