IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO.182 OF 2022

SANTOSH LALCHAND SHIVNEKAR AND ANOTHER

AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA

…..

Advocate for Applicants : Mr. S. V. Suryawanshi

APP for respondent-State : Mr. A. M. Phule

…..

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 07-03-2022

ORDER :

1.

Applicants are apprehending their arrest in connection with

Crime No.1 of 2022, registered with Sakri Police Station, Taluka Sakri

District Dhule, for the offences punishable under Section 498A, 406,

313, 504, 506 read with 34 of the IPC.

2.

Heard learned Advocate Mr. S. V. Suryawanshi for applicants and

learned APP Mr. A. M Phule for respondent-State. In order to cut

short, it is stated that both of them have made submissions in support

of their respective contentions.

3.

Informant is the daughter-in-law of applicants. Informant got

married with the son of applicants on 25-06-2020. In the FIR she

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alleges that at the time of settlement of marriage, though it was

stated that the boy is not serving anywhere, but promise was made

that he would get a service in the near future. Because of the said

representation, she gave consent, but in the same meeting applicant

No.1 told the parents of the informant that they should give the

amount of Rs.12 lakh as dowry, as they have requiring amount of

Rs.25 lakh for getting a job for the bridegroom. Therefore, her

mother had given cash of Rs.4 lakh, then she had transferred

amount of Rs.30,000/- to the account of applicant No.1. Thereafter,

the marriage was performed wherein gold ornaments were given to

her. After the marriage, she realized within seven to eight days that

her husband is taking some tablets before going to bed. When she

asked, nobody told anything about it and she was scolded for that.

But then she get the information from google that it is in respect of

mental illness. When she made inquiry with her husband and

mother-in-law, they had threatened her and asked her to keep

quiet. According to her, her parents were called at Pachora on 17-

10-2020 and some documents were got written from them, which

was not allowed to be read by her. She then says that she became

pregnant and was taken to Lilawati Hospital on 12-01-2021 and 20-

01-2021. She then states that the other relatives of the husband

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were called and without giving much information to her, she was

taken to hospital on 27-01-2021 for abortion. Because of the

injection, she had lost her consciousness and when she regained,

the doctor told that in view of the request by her parents-in-law, she

has been aborted. After they went to the house, her parents were

called. There were dispute between them, but they avoided to lodge

report. She was asked to go along with the parents and threats

were given. It is then stated that her gold and silver jewellery was

taken by the accused persons. After she was driven out of the

house, she lodged a report with the Women Cell at Dhule, where no

settlement could take place, and therefore, she lodged the report on

01-01-2022.

4.

Thus, the contents of the FIR would show that except Section

313 of IPC, for other sections, the directions of the Hon’ble Apex

Court in Arnesh Kumar vs State Of Bihar reported in 2014 (8) SCC

273, would have been followed by the Investigating Officer. Only

because Section 313 of IPC is punishable more than seven years,

the apprehension of arrest is expressed by the applicants. As

regards the said section also it is to be noted that there appears to

be the matrimonial dispute going on between the informant and the

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son of the applicants, almost immediately after the marriage. Two

notarized documents have been got executed on 15-07-2020 and

17-10-2020 wherein it appears that the informant and her parents,

who were the signatories, had admitted certain contentions that is

against the informant. Fur