1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.206 OF 2011 Siban Mohamed Iqbal Momin S/I Iqbal Momin ...Applicant. v. The State of Maharashtra ...Respondents. Mr. M.A.Khan, adv. For the Applicant. Smt. G.P.Mulekar, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : MARCH 3, 2011. P.C. 1 Heard. The applicant seeks to be released on bail in crime no.25 of 2009 registered at Bhiwandi police station for the offences under section 304(B), 406, 498A 323 504, 506 r/w section 34 of the I.P.C. 2 As per the F.I.R. lodged by Sayed Ahmed Ansari his daugher Afrin was married to the present applicant on 20.4.2006. Within 20-22 days after the marriage, her father-in-law made demand of Rs.50,000/- to meet the expenses of the marriage of the sister of the applicant. That demand was fulfilled. After three months again, his father made a demand of Rs.50,000/- to clear bank loan. That demand was also met. One year after the marriage, further demand of Rs.7,50,000/- was made on the ground that they wanted to establish their own power loom. 2 For this purpose, she was mentally and physically tortured by her in-laws as well as husband but that demand could not be met. Againt there was a demand of Rs.20,000/- by the applicant as he wanted to start the business of clothes. That amount was paid by mother of the deceased without informing her father. Thereafter also they continued to make the demand of Rs.7,50,000/- and threatened that she would be divorced if that demand is not fulfilled. To pressurise her to bring money, she was abused by her in-laws and was beaten by her husband. Finally on 23.1.2009, she committed suicide by hanging herself. Thus, prima-facie case under sections 306, 304B and 498A are made out. The learned counsel for the applicant contends that father in law , mother in law and other in-laws have been granted by this Court, and, therefore, applicant be also granted bail. Even though father-in-law and mother-in-law of the deceased are granted bail possibly due to their old age, there can not be parity between the applicant and other accused persons. First responsibility of protection of the wife is on the husband. He not only failed in discharging his responsibility but also prima-facie physically and mentally tortured her to meet demand under the threat of divorce. 3 In view of the above circumstances, application stands rejected. 3 4 As the accused is in custody for the last about 2 years, the trial Court shall expedite the trial and dispose off the case as early as possible and in any case, within six months from this date. (J.H. BHATIA,J.)