IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.241 of 2010 Sameer v. State of Maharashtra ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr F.T. Mirza, Advocate for applicant Mr S.B. Ahirkar, APP for State Coram : A.P. Bhangale, J Dated : 22nd February 2010 1. Learned counsel for applicant submitted that applicant is innocent and unfortunate husband who had lost his wife. Unfortunately, she was suspecting him of having love-affair with one Vijaya with whom applicant had friendly relations prior to marriage with Sonal. However, according to learned counsel for applicant, Sonal was lady of suspicious nature who used to harass the applicant by taking name of Vijaya and went to her father’s house. She also purchased a stamp paper in the denomination of Rs. 100/- at Pusad where her parents reside and sent draft stamp paper to the applicant for his consent to divorce. Applicant was not interested in divorce, but cohabit with Sonal. Unfortunately Sonal ended her life by committing suicide. On the report of father of Sonal, offences under Sections 304B, 498A read with Section 34 of the Indian Penal Code vide Crime No. 25/10 has been registered at Pusad Police Station. Learned counsel for the applicant submits that applicant is ready and willing to cooperate with investigation. was registered on the basis of complaint made by father of sonal. Applicant is ready and willing to fully cooperate with investigation. 2. Learned APP objected grant of bail on the ground that because of his illicit relations with said Vijaya, applicant used to torture the victim and he was not ready to sever his illicit ties with the said girl which compelled Sonal to end her life. 3. Alleged victim has died at her parental home and that she herself had sent stamp paper to applicant by asking him to prepare similar matter and get ready for divorce. Considering the peculiar facts and circumstances of the case, in my opinion, custodial interrogation of the applicant will not be necessary. Applicant is ready and willing to cooperate with the investigation. Hence, I am inclined to grant conditional anticipatory bail to the applicant. Hence, the following order. 4. In the event of his arrest in Crime No. 25/10 registered with Police Station, Pusad (City) for offences under Sections 304, 498A read with Section 34 of the Indian Penal Code, applicant be released on anticipatory bail on his furnishing PR Bond in the sum of Rs. 25,000/- with two or more sureties in the like amount. Applicant is directed to cooperate with investigating officer in the matter of investigation. He will not try to tamper with prosecution evidence in any manner and shall not commit any crime while on bail. Applicant shall leave his permanent address along with cell- phone/telephone number (if any) with the Investigating Officer and shall inform change therein, if any, to I.O. in future. It is also made clear that after investigation is complete and charge-sheet is filed, applicant shall formally surrender before the trial Court and apply for regular bail which application shall be decided on its own merit by the Court concerned in accordance with law. Application stands disposed of. Judge. hsj