1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3791 OF 2010 Safal Prakash Choudhari, Age-27 years, Occu-Agriculturist, R/o.Nindan, Tal.Khaknar, Dist. Burhanpur (M.P.) APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.P.R.Katneshwarkar, learned counsel for the applicant. Mr.D.R.Kale, learned A.P.P. for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 25/10/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his pre-arrest bail, in the event of his arrest in connection with CR No.40/2010, registered in Nimbhora Police Station of Dist. Jalgaon. Record shows that interim protection was granted to the applicant vide order dated 21/09/2010. 2. Heard respective counsels for the parties and perused the papers of investigation till carried out. 3. It appears that Pushpanjali alias Pallavi Saphal Choudhari had 2 filed criminal miscellaneous application before the J.M.F.C. Raver on 04/08/2010, in which the order of investigation was passed. It appears that matrimonial dispute for restitution of conjugal rights was filed by the complainant as well as the application for maintenance is also pending against the present applicant in the Court of Law. It is alleged that as these applications are pending against the present applicant, on 02/08/2010, applicant and his relatives approached to the complainant at her residence and threatened to withdraw the cases and also to pay Rs.5,00,000/- to start a new business, otherwise he may divorce the complainant. Considering these aspects, as the cognizance is taken by the competent court of law on the complaint lodged by the complainant, presence of applicant is not required for interrogation, as the entire complaint is based on the statement of the complainant. Considering this aspect, case is made out to exercise the jurisdiction of this Court, hence order - 1. Application is allowed. 2. Interim protection granted earlier to continue till filing of the charge sheet in connection with CR No.40/2010. 3. Applicant to co-operate the investigation agency and to attend the police station whenever required on written requisition by the Investigation Officer concerned. 4. Applicant not to contact with the prosecution witnesses. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/OCT. 2010/cri.appl.3791-10