1 criapln2028-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2028 OF 2011 Rohidas Sukhlal Gaikwad .. Applicant Vs The State of Maha. & Ors. .. Respondents ... Shri D.V.Soman, Adv.for applicant Shri B.J.Sonawane,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 08/06/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.111/2011 registered in Taluka police station, Dist.Jalna, for the offences punishable under Sections 498-A 304-B, 306 r.w. 34 of I.P.C. The offence is also registered under Sections 3 & 4 of Dowry Prohibition Act. The papers of investigation were made available by A.P.P. Both sides are heard. 2] The report is given by brother of deceased. The record shows that the deceased was given in marriage to the present applicant 4 2 criapln2028-11 years prior to the date of incident. Allegations are made that in the marriage, the relatives of parents side of the deceased had promised to give dowry of Rs.1.5 lacs but due to poor financial condition, they could only give Rs.50,000/- at the time of marriage. Allegations are made that as the remaining amount of Rs.1 lac was not given, there was ill-treatment to the deceased. It is contended that deceased used to visit the parents house on the occasions of festivals and she used to disclose about the ill-treatment. Meeting was also held in the village of the complainant to convince the applicant. Allegations are made that about 3 months prior to the date of incident, there was a marriage of the complainant and on that occasion also, the disclosure about the ill- treatment was made. It is contended that on that occasion, amount of Rs.10,000/- was given to present applicant by the complainant. It is contended that inspite of making payment of Rs.10,000/-, ill-treatment was continued as the remaining amount of dowry was not given. Deceased committed suicide by consuming poison in the night time of 13/4/2011. The report was given on 14/4/2011. 3] It is not disputed that the death took place due to poisoning. Some insecticide was consumed by the deceased. Query was made to the advocate of the applicant and he was asked about any other probability for committing suicide. There is no explanation with the husband in this regard. There are police statements of the witnesses to show that there was agreement to give dowry amount and some 3 criapln2028-11 amount could not be given. There are statements to the effect that the deceased had disclosed to the witnesses about ill-treatment. There is material to make out a prima facie case for the aforesaid offences. 4] It was submitted for the applicant that the deceased has left behind 1 minor daughter and a son and there is nobody to take care of them. Record shows that the parents of the applicant are there and they are granted anticipatory bail by this Court. In view of the aforesaid circumstances, as there are witnesses who will be giving evidence about disclosure of the deceased, it is desirable that the applicant is kept behind the bars. There is possibility of tampering with the prosecution witnesses. So the application stands rejected. [T.V.NALAWADE,J.] umg/criapln2028-11