SHAIKH ALTAF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant apprehending arrest in connection with ofence registered u/s 498-A, 323, 504 r/w 34 of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act , 2019 vide Crime No.379/2019 with Police Station, Kalamnoori Dist.Hingoli,, preferred this application seeking anticipatory bail.

(2.) Heard learned counsel for the applicant and learned APP for the State. Perused the First Information Report and the order passed by learned Additional Sessions Judge rejecting the application to the extent of present applicant. By order dated 24.12.2019 passed by the learned Additional Sessions Judge in Criminal Bail Application No.321/2019, the application came to be allowed to the extent of co-accused nos.2 to 7 and rejected to the extent of present applicant only for the reason that the ofence u/s 4 of the Muslim Women (Protection of Rights on Marriage) Act , 2019, is attracted against the applicant, which is punishable with imprisonment for three years.

(3.) In brief, it is the contention of learned counsel for the applicant that the ofence u/s 4 of the Muslim Women (Protection of Rights on Marriage) Act , 2019, is not attracted against the applicant for the sole reason that the applicant has not given oral Talak as alleged by the informant. It is submitted that the applicant is ready and willing to cohabit with the informant under his roof. The informant is insisting to come and stay with her at her parents house at Kalamnoori Dist.Hingoli. The applicant is required to take care of his parents. He, therefore, refused to submit to the demand of the informant, which led to fling of false complaint against the applicant. The learned Additional Sessions Judge directed the parties to settle the dispute amicably. In view of insistence of the informant to come and stay with her at her parents' house, settlement could not be reached. It is submitted that the nature of allegations make out no case for custodial interrogation. The allegations made are false and concocted just to implicate the applicant and his family members. The ofence is registered on account of matrimonial dispute between the applicant and his wife. Deliberate attempt has been made to rope in the entire family of the applicant. It is submitted that the applicant is ready to cooperate with the investigation.