1 Cri.A.4140.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4140 OF 2011 [Smt. Pratibha Lekha Rathod Vs. The State of Maharashtra] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.S.S.Nirkhi, Advocate for Applicant. Shri.B.J.Sonwane,APP for Respondent. .... CORAM: R.Y.GANOO, J. DATE : 28TH NOVEMBER,2011. PER COURT : 1. Heard learned counsel on both sides. 2. The applicant is arrested under section 302 of the Indian Penal Code for having caused death of Sandip S/o Nanhu. Post mortem report shows the cause of death as “asphyxia due to intesne pressure on trachea external and internal sings suggesting manual strangulation“. The witness Gafoor in clear term has stated that the applicant took Sandip in her house and thereafter dead body of 2 Cri.A.4140.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Sandip was found in the said place where he was taken. This is the strong circumstance against the present applicant. In addition to that, Nanhu father of the child has stated that the applicant told him that he should not keep relations with his wife and the applicant used to call upon Nanhu to desert his wife. The said Nanhu has stated that on 23.03.2011 the said applicant told him that he should desert his wife and start staying at Pal with her, otherwise she would kill his son Sandip. This, threat is given very close to the date, when death of Sandip had occurred on 24.03.2011. In my view these factors clearly go against the present applicant. The fact that this applicant had relation with Nanhu is spelt out by other witnesses too The incident is March 2011.Prima facie case is made out against 3 Cri.A.4140.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders the applicant. Allegations are of serious nature. The applicant dealt with child of teenage and caused his death. In my view, the applicant is not entitled to bail. Consequently, bail application stands rejected. Sd/- [ R.Y.GANOO, J.] MTK