[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3018 OF 2008 Dr.Sanjay Madhukar Ghumare ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.C.T.Chandratre Advocate for Applicant Mr.V.B.Konde-Deshmukh APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 04, 2008 DATE : SEPTEMBER 04, 2008 DATE : SEPTEMBER 04, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in CR No.351 of 2008 of Nasik Road Police Station, Dist. Nasik. The said case is mainly under Sections 498-A and 313 of IPC. 3. The complainant Pooja had lodged a complaint [-2-] against her husband and in-laws alleging demand, illtreatment and harassment. Pooja had one son and one daughter. She was pregnant for the third time. Her case is that her in laws with the help of present applicant who is a Doctor, got third pregnancy terminated without her consent. There is no allegation of demand, illtreatment or harassment in respect of the applicant. It is not the case of the prosecution that the applicant was known to Pooja or her in laws prior to the incident. 4. It is noticed that the consent form has been signed by the complainant herself; secondly, it is seen that when Pooja was admitted to the hospital, history was given of pain in the abdomen as well as bleeding. After that, treatment was given. Despite treatment, bleeding continued and eventually there was spontaneous abortion. The contents of the uterus which was expelled, was foul smelling. Thus it is seen that no abortion as such was performed but the foetus was spontaneously aborted on account of some complications in the pregnancy. Looking to the facts of this case, I am inclined to grant anticipatory bail. [-3-] 5. In the event of arrest, the applicant-Dr.Sanjay Madhukar Ghumare be released on bail in the sum of Rs.40,000/- (Rs.forty thousand only) with one or two sureties to make up the said amount. The applicant shall report to Investigating Agency as and when called. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]