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.: 2754 OF 2009 Vandana D/o Navnath Korde and another Versus State of Maharashtra *** Mr. G. K. Thigle , Advocate for the Applicant. Mr. K. M. Suryawanshi, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 11th SEPTEMBER, 2009. 1. Heard learned counsel, A.P.P. and the counsel for the intervenor/ complainant. Estrange brother having lost his dear sister, annoyed with behaviour of Anil, husband of his sister, has prosecuted him by lodging F.I.R. vide Crime No.86 of 2009 dated 18th July, 2009 making allegations in terms of section 498-A, 306 read with 34 of IPC. It is the matter of acceptance. Mandakini expired on 9th July, 2009 due to consumption of pills resulting in the brother lodging report. 2. It is alleged Vandana is concubine of said Anil. It is further contended, Anil had deceitfully married 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. her. Subhadrabai is mother of Vandana. She resides at Beed, while Vandana is in service at Mumbai. 3. At this stage of the matter, Vandana or her mother Subhadrabai will not be fitting within the bracket of section 498-A of IPC as the term contemplate "relative" and there is hardly anything on record that Vandana or Subhadrabai are relative of Anil. 4. Then comes application of section 306 IPC. The adulterous living of Anil may be the root cause, but for that purpose, at this stage, custody of Vandana or Subhadrabai is not warranted. Subhadrabai resides with her husband at Beed and apparently nothing to demonstrate of her involvement. Custodial interrogation of both the applicants not warranted. The gravity revolves only against husband Anil who has already faced the brunt by rejection of his pre- arrest application. Hence, the order. 5. In the event of arrest of accused Vandana D/o 3 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. Vishwanath Korde and Subhadrabai W/o Navnath Korde, each one of them be released on their furnishing P.R.Bond and surety in the sum of Rs. 10,000/-, till filing the charge sheet. 6. The accused/ applicant shall report concerned police on every Sunday between 10.00 a.m. to 05.00 p.m. till filing the charge sheet. 7. The accused/ applicant shall not influence the complainant and the witnesses related. Any infraction will tantamount in termination of their release. 8. Application allowed in above terms. [K. U. CHANDIWAL, J.] Dated:11/09/2009. ans/2754