1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3006 OF 2009 Anil Bhimrao Payal Versus State of Maharashtra *** Mr. M. A. Manjramkar, Advocate with Mr. M. A. Tandale, Advocate for the Applicant. Mr. K. M. Suryawanshi, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 10th SEPTEMBER, 2009. 1. Heard learned counsel for the accused/ applicant, learned A.P.P. and counsel for complainant. The atrocious behaviour in the matrimonial life, has resulted in Mandakini allegedly inhaling poisonous pills and succumbing to the same on 9th July, 2009. This gave raise to her estrange brother to approach police, citing earlier incident as to how his sister was harassed, humiliated by the accused/ applicant/ her husband since she was allegedly barren and the accused/ applicant desired to marry with one Vandana which indeed he has performed illegally. Learned counsel for the accused/ applicant informs, 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. no case for an offence under section 306 is made out for which he refers to the judgment of "Kishori Lal V/s State of M.P." 2007 ALL MR (Cri) 2417. 2. At this stage of the matter, the observations in the judgment of Kishori Lal cannot be put into acceleration as we are dealing with an application in terms of section 438 Cr.P.C. 3. Prima facie, I find there is a statement of Madhuri Ghoderao which implicate the accused as the accused was harassing/ instigating the victim that he has performed marriage with Vandana Korde and she is of a good fortune for him, she is in service in Municipal Corporation and the accused allegedly has asked Mandakini to collect Rs.5 Lakhs as her brother is a very influential engineer in M.S.E.B. In the situation, no pre-arrest bail. Application rejected. [K. U. CHANDIWAL, J.] Dated:10/09/2009. ans/3006