cra2868.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2868 OF 2011 Babasaheb s/o Sahebrao Misal, Age-25 years, Occu:Agril., R/o-Dahipuri, Tq-Ambad, Dist-Jalna. ...APPLICANT. VERSUS The State of Maharashtra, Through Police Station, Ambad, Dist-Jalna. ...RESPONDENTS. ... Shri.S.J. Salunke Advocate for Applicant. Shri.G.R. Ingole, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 21ST JULY, 2011 PER COURT : 1. This Application is filed for bail in C.R. No.47 of 2011 registered at Ambad police cra2868.11 2 station Dist-Jalna for the offences punishable under Section 304-B, 498-A, 323, read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The papers of the police investigation were made available. Both the sides are heard. 2. Crime is registered on the basis of report given by father of the deceased. Deceased was given in marriage to the Applicant on 15th May, 2006. Deceased has left behind one daughter. The allegations are made that Rs.10,000/- was the remaining amount of the dowry, which could not be given by father of the deceased and to compel the deceased to give the said remaining amount, ill- treatment was given to her. The allegations are made that even case was filed against the Applicant and his relatives for offence punishable under Section 498-A of the Indian Penal Code in the year 2008, when the deceased was driven out of the matrimonial house. It is contended that cra2868.11 3 compromise took place and there was resumption of cohabitation in or about the year 2010. The allegations are made that even after the resumption of the cohabitation, deceased used to to disclose that there was ill-treatment to her from present Applicant and he had started repeating old demand of Rs.10,000/-. The last disclosure was made on 8th March, 2011, according to the father of the deceased. The incident took place on 13th March, 2011. The death took place due to asphyxia due to hanging. 3. Present Applicant is behind bars since 15th March, 2011. The Applicant is from village Dahipuri, Tq-Ambad, Dist-Jalna and the witnesses are from Holkarnagar, Tq-Ambad, Dist-Jalna. Most of the witnesses are from the parent side of the deceased. 4. In view of the aforesaid circumstances, this Court holds that bail can be granted to the cra2868.11 4 Applicant, subject to some conditions. So, the Application is allowed. The Applicant be released on bail in C.R. No.47 of 2011, registered at Ambad police station Dist-Jalna for the offences punishable under Section 304-B, 498-A, 323, read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, on his furnishing P.R. and S.B. of Rs. 15,000/- (Rupees Fifteen Thousand). The Applicant is not to tamper prosecution witnesses. The Applicant is not to enter village Holkarnagar, Tq-Ambad, Dist-Jalna till the disposal of the Sessions Case. [T.V. NALAWADE, J.] asb/JULY11