934 aba 55 21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

934 ANTICIPATORY BAIL APPLICATION NO.55 OF 2021

Sunanda w/o Jagnath Patil,

Age 51 years, Occ. Household,

R/o. Vani Bk. Tq. & Dist. Dhule.

…

Applicant

VERSUS

The State of Maharashtra,

Through Police Station in charge

Dhule Taluka Police Station, Tq. &

Dist. Dhule.

…

Respondent.

...

Advocate for Applicant : Mr. Patil Ujwal Subhash

APP for Respondent/State : Mr. S.W. Mundhe.

Advocate for Assist to APP : Mr. P. B. Patil.

CORAM

: MANGESH S. PATIL, J.

DATE

: 03.03.2021.

PER COURT :

The applicant mother in law of the informant is seeking bail in the

event of her arrest in connection with Crime No. 426/2020, registered with

Dhule Taluka Police Station, District Dhule for the offences punishable under

Section 498A, 406 read with Section 34 of the Indian Penal Code and under

Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice

and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.

2.

It is being alleged that the informant was married to the son of the

applicant-mother in law on 26.05.2021. It is alleged that since inception she

was subjected to cruelty. There was demand for money. Since she was not

able to beget any issue she was taken to a preacher wherein black magic was

practised and she was subjected to some rituals on 11.05.2019. It is then

alleged that since she was started experiencing pain in abdomen she went

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934 aba 55 21.odt

back to her parental home. They had taken her to a doctor and after some

time she was sent back for cohabitation with the husband. Even thereafter

there was demand for money. Even the husband started insisting for divorce

and by robbing off her ‘Stridhan’ she was driven out.

4.

After having heard both the sides it transpires that apart from the fact

that there is some delay in lodging the F.I.R. much less pertaining to the

practise of black magic to which she was allegedly subjected to, the

allegations qua the mother in law are vague and omnibus. The allegations

are being levelled after putting in almost nine years of marital life. The

application to the extent of applicants husband and father in law has already

been rejected. There being no special and exceptional circumstance

attributing any overt act to the applicant-mother in law and when there are

no allegations about any breach of the terms and conditions subject to which

she was granted anticipatory bail, the same deserves to be confirmed.

5.

The Application is allowed. Ad-interim relief granted by the order

dated 27.01.2021 stands confirmed with the same terms and conditions.

(MANGESH S. PATIL, J.)

mkd/-

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