Allowed

Natha Bhau Patil and Anr. v. the State of Maharashtra

Bombay HC6 Feb 2008APPLN/121/2008

Case brief

AI extract

What is this about?

In a criminal application under Section 438 CrPC for the filing of an anticipatory bail, the court granted pre-arrest bail to the applicants, who were the father-in-law and mother-in-law of the deceased, accused of dowry harassment and causing suicide under Sections 498A and 304/306 IPC, based on the circumstance that the husband had already been granted bail and the allegation against the applica

What did the court decide?

Grants bail on a personal bond of Rs. 20,000 with one surety, subject to conditions against influencing witnesses or tampering with evidence.

2. By this application under section 438 of the Code of Criminal Procedure, the applicants seek pre-arrest bail in connection with offence registered with Hill Line police station, Ulhasnagar under Crime No.I-202/07 for alleged offence punishable u/s.498A, 306 r/w section 34 of the IPC.

3. The applicants are the father in law and mother in law of the deceased. The allegation against the applicants as made in the FIR dated 18th December 2007 lodged by the mother of the deceased is to the effect that the deceased was being harassed on the ground that she had not conceived a child for more than 2 1/2 years after the marriage. There is no allegation of demand of dowry or harassment on any other count. Except for the bare word of the first informant that the deceased was being harassed by the applicants on that count, there is no other evidence. The post mortem report does not reveal any external injury on the body of the deceased. The opinion regarding cause of death is reserved as viscera has been sent for chemical analysis.

4. The husband of the deceased had surrendered before the Magistrate and has been granted bail by the Addl. Sessions Judge vide order dated 14th January 2008. The allegation against the applicants are no different than the allegations made against the husband of the harassment on account of the non conception of a child. In the circumstances, in my view, the applicants are entitled to bail.

any of them, each of them shall be released on bail on personal bond of Rs.20,000/- with one surety of the like amount subject to the condition that the applicants shall not make any inducement or give threats to any of the prosecution witnesses and shall not tamper with the prosecution evidence.

charge-sheet is filed whereupon the applicants if they so desire may apply to the appropriate court for regular bail. If such an application is made it shall be considered by the court on its own merits without being in any way influenced by any of the observations made in this application which are only prima facie.

Natha Bhau Patil and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Natha Bhau Patil and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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