1 Criminal Application No.898/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.898 OF 2011 Shivaji s/o Manchak Solanke ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.J. Salunke, Advocate for applicant Shri K.M. Suryawanshi, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 22nd March, 2011 PER COURT : 1. Heard. The applicant Shivaji, husband of deceased Shivkanaya @ Saraswati has urged to release him on bail in Crime No.275/2010, registered at Gangakhed Police Station, District Parbhani for the offence under Sections 304-B, 498-A read with section 34 of the Indian Penal Code. 2. The learned counsel submits, the F.I.R. is meticulously prepared, may be by somebody else other than the father of the victim. No specific role is attributed to the accused/ applicant, barring his status to be husband. Further, the incident is dated 6.12.2010, the accused is in custody from 7.12.2010, charge sheet is filed on 3.2.2011. Hence, according to him, the accused desires liberty from fetters. 2 Criminal Application No.898/2011 4. The F.I.R. of father of the victim, portraits the events after the marriage dated 30.5.2010 of persistent demand of dowry of Rs.1,00,000/- and the compliance. The victim was pregnant, she was threatened to be aborted if the demands are not adhered in its letter and spirit. The father tried to create a situation of solace to the accused and his other family members, however, did not yield any result. The victim, while on death bed in the hospital, made oral dying declaration to her father, mother and son-in-law of the complainant, implicating the accused/ applicant as to the ill- treatement for non compliance of dowry. It was treated to be dowry death, giving infraction of Section 304-B of the Indian Penal Code. 5. The length of the marriage and the incident dated 6.12.2010 illustrate, before the victim could enjoy the fruits of marital life in spite of she being pregnant, she was threatened of abortion if not adhered to the conditions of dowry or the residue. This has shattered the belief of the father who has lost his daughter. Considering the events projected hereinbefore, no case to release the accused/ applicant on bail. Application rejected. Observations are prima facie. K.U. CHANDIWAL JUDGE fmp/cri898.2011