RAHUL SAMADHAN PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Registration of crime No. 544/2021 with the Police Station Jalgaon (Jamod), District Buldhana for the offence punishable under Sections 304-B, 323, 504 and 506 of the Indian Penal Code led the applicant to approach this Court for grant of pre-arrest bail. Besides usual grounds, it is canvassed that the applicant was already married long back with a lady namely Sujata. Due to matrimonial dispute, proceedings are pending in between them in the Civil Court, which are pertaining to restitution of conjugal rights and claim for maintenance. On that basis, it is argued that though it is alleged that deceased got married with the applicant, however duo to subsistence of applicant 's first marriage, it has no legal status. According to learned counsel for the applicant, the applicant cannot be termed as 'husband ' which would fall outside the pale of Section 304-B of the Indian Penal Code. Moreover, it is submitted that the applicant is serving in Arm Forces and he would abide by all the conditions. As against this, the State resisted bail by filing affidavit-reply. It is contended that the applicant got married with the deceased on 17.05.2019. Thereafter, both of them were living together at applicant 's working place in Jammu. During co-habitation, applicant harassed deceased to meet dowry demand. Finally by getting rid of the harassment, deceased committed suicide by way of hanging. According to the State, since it is a case of dowry death the offence being of serious nature it requires thorough investigation.

(3.) At the instance of report lodged by the mother of deceased, crime was registered. Informant stated that her daughter got married with the applicant on 17.05.2019. For initial period of two years, the applicant treated deceased well but thereafter, started to harass. The informant stated that while her daughter (deceased) was living with the applicant at Jammu, she telephonically informed about the dowry demand of Rs. 1,00,000/-. She also stated that deceased became pregnant during matrimonial relationship, but she was aborted. The informant stated that on various occasion that deceased was informing her abut the dowry demand and consequential harassment. Finally, on 01.07.2021 deceased committed suicide due to harassment.