1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.518 OF 2010 1. Dattatraya Madhukar Nagarkar Age-34 years, Occ-Business 2. Smt.Suman w/o Madhukar Nagarkar Age-65 years, Occ-Household Both R/o Sainagar, A/P Sangamner Tq-Sangamner, Dist-Ahmednagar 3. Smt.Nanda Purushottam Gomashe Age-40 years, Occ-House wife R/o Sainagar, A/P Sangamner Tq-Sangamner, Dist-Ahmednagar 4. Shri Vilas Bhagwat Bondphale Age-55 years, Occ-Tambatkar (Business) R/o Captain Laxmi Chouk, Sangamner, Dist-Ahmednagar APPLICANTS VERSUS The State of Maharashtra RESPONDENT ........ Mr.R.K.Temkar, Advocate for applicants Mr.B.J.Sonawane, APP for respondent State. ........ [CORAM : A.V.POTDAR, J.] DATE : 16th February 2010 PER COURT : 1. By this application, the applicants have prayed to release them on bail in connection with CR No.165/2009 registered with 2 Sangamner city police station for an offence punishable u/s 498-A, 306 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicants and learned APP. 3. Applicant No.1 is the husband, applicant No.2 is the mother in law and applicant No.3 is the sister in law of deceased Surekha, whereas applicant No.4 is the father of second wife of applicant No.1. 4. It appears that the said offence is registered on the complaint of one Ashok Nandankar, father of deceased Surekha. It is alleged that marriage of Surekha was performed with applicant No.1 on 15.06.1994 and the alleged incident occurred on 05.12.2009 at about 8.35 p.m. It is further alleged that as the deceased Surekha was issue less, her parents had permitted the applicant No.1 for second marriage. Accordingly, two years prior to the incident, applicant No.1 got married with one Sushma, daughter of applicant No.4. It is alleged that the deceased was harassed by the applicants on the count that she was issue less and they were insisting her to go back to her maternal house and hence due to the said harassment, she committed suicide. 5. In the said offence the applicant No.1 is arrested on 15.01.2010 and the other applicants are arrested on 18.01.2010. 3 6. Perusal of the complaint does not disclose that the deceased was harassed by the applicants and hence she has committed suicide. The case of the prosecution rests on the statement of Vidya, sister of deceased, who had immediately reached at the spot of incident after the incident. Even as per the statement of Vidya, applicants No.3 and 4 were not present at the spot of the incident at the time of alleged incident. She has also not disclosed as to when she saw the applicants at the spot of the incident. Allegations against applicant No.2 are omnibus and sweeping in nature. Considering these aspects and in view of the fact that the applicants are behind bars for more than 30 days and as no specific role is alleged against applicants except applicant No.1, case is made out to enlarge applicants No.2 to 4 on bail whereas no case is made out to enlarge applicant No.1. 7. In the result, the application is partly allowed. The application stands rejected so far as it relates to applicant No.1. Application is allowed in respect of applicants No.2 to 4. Applicants No.2 to 4 be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount. Applicants No.2 to 4 to cooperate with the investigating agency. It is further clarified that the above observations are prima faice observations based on the record before this Court. (A.V.POTDAR, J.) drp/A10/criapln518-10