SWAPNIL SAMADHAN MADHANKAR Vs. GAJANAN LAXMAN DHAGE

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.I-092 of 2023, registered with Navasheva Police Station for offences punishable under Sec. 304(B), 498(A) read with Sec. 34 of the Indian Penal Code, 1860, the applicants are seeking relief under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to the prosecution, the marriage between the deceased and the applicant No.1 was performed on 13 th July 2016. Amount of Rs.1,51,000.00 was paid as dowry. However, the applicants started harassing the deceased continuously. It is alleged that due to physical and mental harassment of the applicants, the deceased committed suicide. The father of the deceased, therefore, lodged the report with police station concerned. The applicants applied for relief under Sec. 438 of the Criminal Procedure Code, 1973, which has been rejected by the learned Session Judge. Aggrieved thereby, the applicants have filed present application.

(3.) During pendency of the application before the learned Sessions Judge, the informant has filed an affidavit stating that he lodged a report due to misunderstanding and at the say of his relatives. He, therefore, has no objection for grant of bail to the applicants.