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16 aba.698.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

16 ANTICIPATORY BAIL APPLICATION NO.698 OF 2020

1.

Ankush Pralhad Rathod,

2.

Ankush Govinda Chavan,

3.

Gangubai Ankush Chavan,

4.

Sangita Sheshrao Rathod,

5.

Sheshrao Ganpat Rathod.

… Applicants

Versus

The State of Maharashtra.

… Respondent

...

Mr. Balaji S. Chondhekar, Advocate for Applicants.

Mr. V. M. Kagne, APP for Respondent/State.

...

CORAM :

SARANG V. KOTWAL, J.

DATE :

06^th June, 2022.

PER COURT:

.

The applicants are seeking anticipatory bail in connection

with C.R. No.262 of 2020, registered at Sengaon Police Station,

Hingoli on 28^th July, 2020 under Sections 304-B, 306, 498-A read with

34 of the Indian Penal Code.

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Heard Mr. Chondhekar, learned counsel for applicant and

the learned APP for the State.

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The FIR is lodged by Madan Rathod, who was father of

deceased Priyanka. She was married to the main accused Sevak

Jadhav. Applicant No.1 is husband of one of the sisters of Sevak.

Applicant No.3 is his sister. Applicant No.2 is husband of applicant

No.3. Applicant No.4 is another sister of Sevak and applicant No.5 is

husband of applicant No.4. Thus, they are related to Sevak Jadhav,

who was husband of the deceased Priyanka. In the FIR, the informant

has stated that Priyanka got married with Sevak in 2017. In the

marriage, he had given dowry of Rs.1,00,000/- and had promised to

pay balance of Rs.50,000/- subsequently. It is mentioned in the FIR

that applicant Nos.2 to 4 were residing at village Mohja Bandi in the

neighbourhood of Sevak and Priyanka. Applicant No.1 was residing at

village Hatta, Taluka Lonar and used to visit Priyanka’s matrimonial

house. It is alleged in the FIR that all these applicants used to tell

Sevak to ask for the balance of the dowry amount. On such

instigation, Sevak used to cause mental and physical harassment to

Priyanka. It is the case of the informant that Priyanka used to tell this

to Priyanka’s mother Radha. It is his further case in the FIR that

Priyanka used to tell him and his wife that Sevak was having illicit

relations with a neighbour and on her instigation, he used to assault

her. Even that neighbour used to cause mental and physical

harassment to her. The informant had promised to pay the balance

amount and requested Sevak not to ill-treat Priyanka. On 27^th July,

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2020, the informant was told telephonically by the applicant/Ankush

Chavan that Priyanka was serious. The informant and others went to

the primary health centre at Sirsod. They came to know that Priyanka

had already died. At that time, Sevak Jadhav and others told the

informant and others that Priyanka had died because of snake bite.

However, informant smelt some poisonous substance on the dead

body. Sevak could not explain the exact place where there was snake

bite on the body. The informant was convinced that there was no

snake bite and that Priyanka had committed suicide by consuming

poison. On this basis the FIR is lodged.

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Learned counsel for both the sides submitted that charge-

sheet in this case is already filed. The learned counsel for the

applicant stated that husband Sevak Jadhav was arrested and was

released on bail. I have also perused the charge-sheet with the

assistance of the learned counsel for both the sides.

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Learned counsel for applicant submitted that there is no

specific role attributed to either of the applicants attracting the

provisions of Sections 304-B of the Indian Penal Code against them.

He submitted that even ingredients of Section 498-A are not clearly

made out against the applicants. They are simply roped in because

they are close relatives of Sevak Jadhav.

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On the other hand, the learned APP submitted that there

are consistent statements of the family members and others regarding

harassment caused to the deceased. Therefore, all the sections are