1appln-3164-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3164 of 2010 Vinayak Ananta Patil .. Applicant. vs. State of Maharashtra .. Respondent. Mr Ashok Mundargi, Sr Counsel i/by P.R. Arjunwadkar, for the Applicant. Mr K. V. Saste, A.P.P.for the State. CORAM:- A.R. JOSHI, J. DATE :- 16TH JULY, 2010. P.C.:- 1. Heard rival submissions on this application for anticipatory bail preferred by the applicant-husband who is facing charge for the offence punishable under sections 498-A, 313 read with section 34 of the Indian Penal Code. 2. Certain admitted facts are such that the marriage between the present applicant and his wife took place on 22.11.2008 and within a span of only about six months, apparently, there was operation done for termination of pregnancy of the wife of the applicant. It was done on or about 12.5.2009. It is alleged in the F.I.R. lodged by the wife, which is lodged belatedly on 27.11.2009, that she was compelled to undergo such MTP without her wish and she succumbed to the force practiced by the applicant on the threat that without such 2appln-3164-10 MTP she would not have been allowed to reside in the matrimonial home. Apparently, there is delay in lodging the F.I.R and now in the year 2010 there is divorce petition filed by the wife which is bearing No.177/2010. 3. During the arguments, learned Senior Counsel Shri Mundargi brought to the notice of the Court the Consent Form No.C which bears the signature of the wife of the applicant. Said signature is in English. Even the form is written in English and it is dated 12.5.2009. Consent form of the Hospital is also shown which bears the signature of the present applicant and also having the signature in lieu of willingness of his wife. 4. Considering the above circumstances and after hearing the rival submissions, in the opinion of this Court, it is not a case in which the custodial interrogation is required and hence the order. ORDER. (a) Criminal Application No. 3164/2010 is allowed. (b) In the event of arrest of the applicant in C.R. No.304/2009 registered with Narpoli Police station, he shall be released on bail on furnishing a P.R.bond in the sum of Rs.15,000/- with one surety for the like amount. (c) Effect of the said anticipatory bail shall remain till filing of the charge-sheet and thereafter for a period of one week. With these directions, the application is disposed of. (A.R.JOSHI,J)