Cri. Appln. No. 3281/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3281 OF 2011 Sanjay s/o. Kisanrao Deshmukh, R/o. Paradh, Tq. Bhokardan, Dist. Jalna. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. P.B. Patil, Advocate for applicant. Mr. G.R. Ingole, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 9th August, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 25/11 registered in Paradh Police Station, Jalna for offences punishable under sections 498-A, 306, 304-B, 34 of IPC and under sections 3 and 4 of the Dowry Prohibition Act. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by the father of the deceased. Deceased was given in marriage to the applicant four years prior to the date of incident. Allegations are made that after the marriage, the applicant and his relatives had started asking the deceased Cri. Appln. No. 3281/11 2 to bring Rs. Two lacs from her parents as they wanted to purchase a four wheeler. It is contended that due to illtreatment the deceased had stayed in the house of parents for some time and she was taken back to matrimonial house about two months prior to the date of incident by some relatives of husband, who had come to the house of the complainant. The incident took place on 12.5.2011. 3. The APP submitted that there are statements of neighbours of the applicant, who are from Paradh and they show that there was illtreatment to the deceased and there used to be frequent quarrels in the house of the applicant. There is statement of one Suresh that on 12.5.2011 also there was quarrel in the morning and in the quarrel, the applicant was asking the deceased to leave the house and his mother has given abuses in filthy language. 4. In the FIR it is mentioned that the deceased had resumed cohabitation about two months prior to the date of incident and prior to that she had stayed in the house of parents continuously for some time. The advocate of the applicant submitted that the deceased was not happy with the marriage, no issue was born to the deceased even after four years of the marriage. The advocate of the applicant submitted that after resumption of cohabitation, there was no allegation of illtreatment from the deceased and that can be seen from the report given by the Cri. Appln. No. 3281/11 3 father. He further submitted that in view of the nature of allegations and fact that it is the applicant who informed the parents about the incident and shifted the deceased immediately to hospital, he cannot be kept behind bars till the disposal of the case. Admittedly, the death took place due to poisoning. In view of the nature of the aforesaid record and circumstances, this Court hold that bail needs to be granted to the applicant, subject to some conditions. 5. So the application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/ca3281.11