1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 480 OF 2010 1. Rahul Ashok Patiki 2. Ashok Pralhad Patki 3. Sou. Mangala Ashok Patki .. Applicants V/s State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Ms. Neela Jog with mr. Amol A. Deshpande for the applicants. Mr. Makrand Joshi for the original complainant. Mr. S.N. Gawade, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 8TH FEBRUARY 2010 P.C. : 1. Heard. 2. By this application, the applicants seek pre-arrest bail in connection with C.R. No.264 of 2009 for an alleged offence punishable under 2 section 498-A read with 34 of the I.P.C. And sections 3 and 4 of the Dowry Prohibition Act. 3. The complainant is the wife and the applicant no.1 is her husband. The applicant nos.2 and 3 are the parents of the applicant no.1. Marriage between the applicant no.1 and the complainant was performed on 28th February 2008. According to the complainant, they lived happily till 5th October 2008 when the applicant left for U.S.A. and returned on 5th January 2009. The complainant filed the F.I.R. on 1st October 2009 in which she stated that behaviour of the applicant no.1 changed after his return from U.S.A. and on his return, he started ill-treating her. Applicant nos.2 and 3 (the parents of the applicant no.1) demanded that the complainant should bring Rs.5000/- per month and also give to the applicant no.1 a gold chain, bracelet and other household articles. Thereafter they ill-treated the complainant on this ground. No date is 3 mentioned in the F.I.R. regarding the alleged demand. 4. It appears that the relations between the applicant no.1 and the complainant became strained after January 2009. The complainant filed an application for maintenance under section 125 of the Cr.P.C. in the Family Court at Nagpur on 8th April 2009. She did not mention anything about the alleged demand of money, gold ornaments and other household articles in the application before the Family Court. A petition for dissolution of the marriage has been filed by the applicant no.1 on 1st June 2009. I am informed at the Bar that no written statement was filed by the complainant and the court has passed a “no written statement” order against the complainant. The F.I.R., which has been filed on 2nd October 2009, must be looked at in the backdrop of the aforesaid facts. If the applicant no.1 and the complainant were living separately since April 2009 or even earlier, on 4 account of matrimonial discord, there was no occasion for demand of dowry as alleged. In any event, the statements of witnesses have been recorded and the presence of none of the applicants is required for the purpose of interrogation. Hence, in my view, the applicants are entitled to pre-arrest bail. I therefore pass the following order: ORDER In the event the applicants or any of them is arrested in connection with C.R. No. 264 of 2010 registered at Warje Police Station, Pune, each of them shall be released on bail on his/her executing personal bond of Rs.10,000/- with one surety of the like amount. (D.G. KARNIK, J.)