IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2369/2009 (Sangita Gajanan Vasatkar and another ..vs.. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 8 th JULY, 2009 Heard Shri A.S.Mardikar, Advocate, for the applicant and Shri Thakare, APP, for respondent. The applicants are apprehending arrest for the offences u/s 306, 304-B, 498-A r/w Section 34 of the I.P.C in Crime No. 57/2009 of P.S. Telhara. The interim order was passed on 26 th June, 2009. The death of the deceased by consuming poison is not, rather could not be disputed. The death is unnatural. It is within 7 years of the marriage. The allegations against applicant no.2 are that she had caught hold the hairs of the deceased Vaijyanti and father-in-law viz. Pralhad Namdeo Bahe & husband - Shrihari were beating deceased Vaijyanti. This is the statement of the eye-witness. The applicant no.2, though is a lady, has indulged in allowing beating of her daughter-in-law, having herself catching hold the hairs of the deceased. She has not resisted the husband from committing the act of cruelty. In these circumstances, her anticipatory bail application can not be granted. She may move for the appropriate relief before the trial Court. As regards applicant no.1, the only allegation against her is that she abused deceased Vaijyanti. Although such act is not appreciable, she being not party to the said cruelty to the deceased, she would be entitled for bail. In these circumstances, the application is partly allowed. Application of applicant no.2 is rejected. Application of applicant no.1 is allowed. The interim order in her favour is confirmed as follows. In the event of arrest of Applicant No.1 for the offence punishable under Sections 306, 304-B, 498-A r/w Section 34 of the I.P.C in crime No. 57/2009 of police Station Telhara, she be released on bail on furnishing surety and P.R.Bond of Rs.25,000/- subject to conditions that she shall attend the Police Station Telhara as and when directed by the I.O for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Application disposed of. It is made clear that the above observation are in prima facie view of the matter and they shall not influence the learned trial Judge while deciding anything on merits. JUDGE Rvjalit