(1) CRI. APLN. 4789.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4789 OF 2010 Aminkhan Gulbajkhan, Age: 28 years, Occu.: Labour, R/o, Khanderao Nagar, Pimprala, Jalgaon, Tq. and Dist. Jalgaon Applicant VERSUS The State of Maharashtra Through Police Inspector, Dharangaon Police Station Tq. Dharangaon, Dist. Jalgaon Respondent ..... Mr. B.S. Deshmukh, Advocate for the Applicant. Mr. N.H. Borade, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 10TH DECEMBER, 2010 ORAL ORDER:- 1. The Application is for anticipatory bail. 2. Heard learned Advocate for the applicant and learned A.P.P. Perused the investigation papers. 3. The applicant apprehends his arrest in connection with offence punishable under section 498-A, 323, 504 and 506 r/w. 34 of the Indian Penal (2) CRI. APLN. 4789.2010 Code. The FIR is lodged by Gajiyabee w/o Shakil Khan. The FIR prima facie purports to show that the informant Gajiyabee delivered two male children aged 6 years and 2 years respectively. She was residing together with the husband and his relatives. She was ill-treated by them on account of non-fulfillment of demand of Rs.1,00,000/-. While she was residing at Nigadi, the applicant attempted to outrage her modesty. The applicant is nephew of her husband and, therefore, the husband assaulted her for the reason that she expressed suspicion against the applicant. She alleged that the applicant had committed forcible sexual intercourse with her at Yogiraj Lodge, Daund. 4. The applicant was residing separately and is not directly concerned with the matrimonial affairs of his uncle and complainant Gajiyabee. It appears that the criminal case initiated on complaint of Gajiyabee regarding the alleged offence of rape which took place at Daund, is altogether a different incident. The applicant is not directly involved in the alleged matrimonial cruelty. The other members of the family are released on bail. The Application (3) CRI. APLN. 4789.2010 of applicant was rejected by the learned Additional Sessions Judge only on the ground that the FIR was lodged after the ravishment of the informant Gajiyabee alias Rajiyabee. In fact, both the Criminal cases are of different nature. The applicant is not prima facie required to be arrested in crime no. 214 of 2010 for the purpose of effective investigation. 5. In above view of the matter, the Application is allowed. The applicant is directed to be released on bail, in the event of his arrest, on furnishing of bail bonds in sum of Rs.15000/- (Rs.Fifteen Thousand) before the Arresting Officer and on condition that he will attend the concerned Police Station on each Sunday between 10.00 am. to 2.00 pm. and will actively co-operate with the Investigating Officer during the course of investigation. He shall attend the concerned Police Station for four Sundays hereafter. Sd/- [V. R. KINGAONKAR, J.] arp