1 criapln1771-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1771 OF 2011 1] Jagdish Sukhdeo Wankhede 2] Sukhdeo Ramaji Wankhede 3] Shantabai W/o Sukhdeo Wankhede .. Applicants Vs 1] The State of Maha. & Ors. .. Respondents ... Shri R.N.Dhorde,Adv. for applicants. Shri B.J.Sonawane,APP for Respondent-State ... CORAM : T.V.NALAWADE,J. DATE : 09/06/2011 ORAL ORDER: 1] This application is filed under Section 438 of Cr.P.C. in C.R.No.I-126/11 registered with CIDCO police station, Dist.Aurangabad for offences punishable under Sections 498-A,302 r.w. 34 of I.P.C. The report is given by brother of deceased. Husband of deceased is already arrested. Applicant no.1 is brother of the husband, applicant nos.2 and 3 are the parents of the husband. The papers of investigation were made available by A.P.P. Both sides are heard. 2 criapln1771-11 2] Brother of the deceased has made allegations that the deceased was given in marriage to Raju Wankhede about 7 to 8 years prior to the date of incident. Allegations are made that there was ill treatment from husband and in-laws to the deceased. Allegations are made that in-laws were demanding money. It is contended that about 5 years prior to the date of incident, due to demand made, the complainant had made available separate house to the deceased and her husband and they had started living there separate from the parents of the husband. It is contended that even after separation, ill treatment was continued. Allegations are made that the husband had kept illicit relations with the neighbour and due to that reason also, husband was giving ill treatment. Allegations are made that on 23/3/11, the deceased had disclosed to complainant that the persons from her in-laws side were demanding Rs.15,000/- as motor cycle was to be purchased and they were harrasing her. 3] The incident took place on 26/3/11. A relative of the complainant informed that there was quarrel in the house of deceased. Complainant went there and he noticed that Rekha the deceased was unconscious at that time. She was shifted to hospital by Anil Kakade but in the hospital, it was declared that Rekha was dead. He then gave report against husband and the present applicants. 4] Post mortem report shows that there was evidence of faint 3 criapln1771-11 reddish brown imprint abrasion of Ligature, non-grooved, encircling the neck and coming forward and upwards, below chin. Abrasions seen on ligature mark on both sides of neck. The size of the ligature marks is given. 5] Original complainant was given notice and he is present in the Court. He showed photographs of dead body to show that there was one injury which can be seen under the chin. It is part of the ligature mark. He submitted that the deceased and her husband were living in that room and the in-laws were living in separate house. If at all the prosecution is able to prove aforesaid circumstances, at this stage, it can be said that the husband will be required to explain the aforesaid things. The demands if any made, they were for the husband and he is behind the bars. The incident took place on 26/3/11. In view of the aforesaid circumstances, and the nature of the offence, this Court holds that the applicants are entitled to anticipatory bail. Hence order : 6] Application is allowed. In case of arrest of applicant no.1] Jagdish Sukhdeo Wankhede, applicant no.2] Sukhdeo Ramaji Wankhede and applicant no.3] Shantabai w/o Sukhdeo Wankhede in C.R.No.I-126/11 registered with CIDCO police station, Dist.Aurangabad for offences punishable under Sections 498-A,302 r.w. 34 of I.P.C., they are to be released on their furnishing P.R. bond of Rs.15,000/- by each. Applicant nos.1 and 2 to attend the concerned 4 criapln1771-11 police station on every Sunday for one month between 10 a.m. and 12 p.m. Applicants shall not tamper with the prosecution witnesses. They shall cooperative with the police during investigation. These observations will not come in the way of the trial Court while deciding the case. [T.V.NALAWADE,J.] umg/criapln1771-11