(1) CRI.APP. 4633.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4633 OF 2010 Sanjay S/o Nagorao Kendre, Age : 32 years, Occu.: Agri., R/o. Kopra, Tq. Kinwat, District Nanded .. Applicant VERSUS The State of Maharashtra .. Respondent ... Mr. P.S. Patil, Advocate for the Applicant Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 23RD NOVEMBER, 2010 ORAL ORDER:- 1. The Application is for anticipatory bail. 2. Heard learned Advocate. 3. The marriage of the applicant and deceased Radha was performed in the month of March, 2003. It is explicit that she committed suicide by self- immolation on 30.9.2010. 4. The learned Advocate for the applicant submits that the applicant is falsely implicated in the crime on basis of belated FIR lodged by father of deceased-Radha. He would submit that in-laws of (2) CRI.APP. 4633.2010 deceased-Radha are already released on bail by the Court of Sessions and similar treatment should be given to the applicant. 5. Perusal of the FIR purports to show that the applicant was having illicit relations with another woman and was in habit to return home at late hours. FIR however shows that as and when he used to come late in the night, deceased-Radha used to ask him for the reason and he used to beat her. It appears that three months prior to the incident, Radha was beaten up by the applicant and was sent to her parent’s house. She resided with her parents for about 10 days and lateron was reached to the house of the applicant by her father. Her father gave a word of advice to the applicant and requested him and his parents to give proper treatment to Radha. The FIR shows that in the night of 29.9.2010, the applicant returned home at odd hours of the night, and, therefore there was a quarrel between the spouses. It was in the same night that after Radha was assaulted by the applicant, she committed alleged act of suicide. (3) CRI.APP. 4633.2010 6. One cannot be oblivious of the fact that the incident of suicide occurred in the matrimonial house and though the parents of the applicant are released on anticipatory bail, yet the recitals of the FIR do not indicate any part played by them and as such there cannot be parity between them and the applicant. The contention of the applicant that he is falsely implicated due to subsequent and afterthought belated FIR, cannot be considered as sufficient ground to infer that he has been roped in without any reason. No substance in the Application. Dismissed. Sd/- [V. R. KINGAONKAR, J.] arp