1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 374/2011 Madinabi w/o Sk. Amir ..vs.. State of Maharashtra, thr. PSO P.S. Mahagaon, Dist. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. M. Patil, Advocate for applicant. Mr. M. J. Khan, A.P.P. for State. CORAM : M.N.GILANI, J. DATE : NOVEMBER 30, 2011. 1. Heard learned counsel for the parties. 2. This is an application under Section 438 of the Code of Criminal Procedure for issuing directions to release the applicant on bail in the event of her arrest in Crime No. 131/2011, registered with Police Station, Mahagaon, Dist. Yavatmal for an offence punishable under Section 498-A, 304-B read with Section 34 of the Indian Penal Code. 3. The prosecution case is that Parveen Bano had married Shaikh Iqbal on 09.05.2011. After about one month of the marriage, she was subjected to cruelty. There was a demand of dowry. Even in presence of many persons, she was beaten. 4. On 20.09.2011, Parveen Bano consumed poison while she was at her matrimonial home. She died of poisoning. The First Information Report lodged by father of Parveen Bano gives vivid account of ill treatment meted out to the deceased. The role is also attributed to the applicant in the matter of demanding the dowry and ill treating the deceased. 5. That being so, the learned Additional Sessions Judge was justified in declining to exercise the discretion under Section 2 438 of the Code of Criminal Procedure in favour of the present applicant although he granted pre-arrest bail to the other relatives. 6. Considering the gravity and nature of the offence, I am not inclined to grant pre-arrest bail to the applicant. The application is, therefore, rejected. 7. However, as requested by learned counsel for the applicant, time till 05.12.2011 is granted to the applicant to surrender before Police Station, Mahagaon, Dist. Yavatmal. JUDGE kahale