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Cri. Bail Application No. 1248 / 2020
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Shamrao Sahebrao Dhumase
Kamlabai Sahebrao Dhumase
Sahebrao Waman Dhumase
Ramrao Sahebrao Dhumase
Reshma Ramrao Dhumase
Vijaya Prakash Chaudhari
..

Applicants/
Accused.

Vs.
The State of Maharashtra
through P.I. Vani P.Stn.
(Cr. No. I 126/2020)
..

Respondent.

Order below Exh.1
1.

This application has been filed by the applicants/accused
under section 438 of Cr.P.C. for releasing them on anticipatory bail in
Crime No.I 126/2020 registered at Vani Police Station for the offences
punishable under section 498­A, 406, 323, 504 & 506 r.w.sec. 34 of the
Indian Penal Code.
2.

According to the prosecution case, the FIR was lodged by the
complainant/victim alleging therein that she was married to applicant
No.1 on 20.05.2019. In the marriage, her parents on demand had given
10 gms of gold ring, 20 gms of chain to the applicant and certain
household articles. Her father has spent Rs.5 lacs in her marriage. After
marriage, she was treated well for 3 to 4 months.

Thereafter, they used
to harass her physically & mentally on account of demand of money. She
was made to work in the field. She was forced to lift heavy loads such as
50 kgs of Urea bags etc. They also abused her in filthy language and
subjected her to cruelty by beating her. She further alleges that her
husband used to spend most of his time on phone talking to his girl friend
named Yogita Kadale. She suspected her husband’s involvment with her.

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She informed her in ­laws about the same but they did not pay any heed.
On 1.10.2020, her husband sent message on her mobile that he do not
want to cohabit with her so she should to leave the house. He also abused
her. Hence, she was forced to leave her matrimonial house. She then
went to the police station and lodged report. Based on her statement, the
FIR / Crime was registered against the applicants/accused. They are
apprehending their arrest at the hands of the police. So, they filed
anticipatory bail application for their protection.
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The learned counsel Mr. V.A. Mahajan appearing for the
applicants/accused has submitted that the complainant was not willing to
cohabit with her husband as she had an affair with another boy. She
stayed with the applicants for the period of 8 to 10 months only. She has
filed D.V. application and Maintenance application against them at
Dindori Court.

The learned counsel furrher says that their custodial
interrogation is not required in such cases. They have no any criminal
antecedents.

They are ready to abide by all the terms & conditions
imposed by this Court. Hence, he prays to allow the application.
4.

The Investigating Officer has filed his Say on record at Exh.8
and strongly opposed the application stating that the husband of the
complainant is having illicit relations with another lady and so there was
often quarrel between them. All the applicants have harassed her mentally
& physically. They also made a demand of Rs.2 lacs for construction of
the house. Her parents paid Rs.50,000/­. Despite paying the amount,
they continued to harass her saying that they paid less amount. Their
custody is required for effective investigation. Hence, the IO prays for
rejection of their application. The learned APP Smt. Bhide submitted her
objections in line with the say of the Investigating Officer.

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5.

The original complainant appeared through her learned
counsel Mr. N.B. Jadhav and filed her Say at Exh.12 and strongly opposed
the application on the grounds mentioned therein.
6.

After hearing both the sides and perusing the record, it
appears that the marriage tenure of the applicant No.1 and the
complainant is hardly one year. There is no issue out of the said wedlock
so far.

The nature of the offence is matrimonial and in such cases, the
custodial interrogation is not required.

Hence, I am inclined to confirm
the interim protection / bail granted to the applicants/accused on the
same terms & conditions. With this I proceed to pass following order. :
ORDER
1.

Application is hereby allowed.

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The
interim
protection
granted
to
the
applicants/accused as per order below Exh.4 on 19.09.2020, is hereby
confirmed on the same terms & conditions.

Sandhya
Sunil Nair
Date : 12.10.2020.

Digitally signed by
Sandhya Sunil Nair
Date: 2020.10.13
15:48:39 +0530
( Smt. S.S. Nair )
Addl. Sessions Judge­2, Nashik.