( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4408 OF 2010 1. Dagdu s/o Kishan Gangale, R/o Shivur, Tq. Hadgaon, District Nanded. 2. Kishan s/o Mahadu Gangale, R/o Shivur, Tq. Hadgaon, District Nanded. 3. Nandabai w/o Kishan Gangale, R/o Shivur, Tq. Hadgaon, District Nanded. APPLICANTS VERSUS The State of Maharashtra, through P.S., Hadgaon, Tq. Hadgaon, District Nanded. RESPONDENT .... Mr. G.P. Shinde, advocate for the applicants. Mr. P.P. More, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 26th November, 2010] PER COURT : 1. The application is for bail. 2. The applicants are the husband and his relatives qua deceased Dikshabai. The marriage between deceased Dikshabai ( 2 ) and applicant No. 1 was performed about four (4) years prior to the incident which resulted into her death. 3. Having heard learned advocate for the applicants and learned A.P.P. and on perusal of the investigation papers, it prima facie appears that there are allegations about the matrimonial cruelty meted out to deceased Diksha by the applicant No. 1 and his relatives. It appears from the recitals of the FIR that a day before incident, deceased Diksha had contacted her father on cell phone. She then narrated to her father that she was being troubled and beaten up by the applicants saying that she was not liked by them. She requested her father to visit her matrimonial home immediately and take her back. The father assured her to visit on next day, but in the next morning, he came to know about the incident of her death due to burning. 4. There appears no doubt about the fact that death occurred within the period of about four (4) years of the marriage and that deceased Diksha was extensively injured due to the burns. It prima facie appears, however, that she committed suicide in the early hours of the relevant morning. So far as the allegations about matrimonial cruelty are ( 3 ) concerned, except the parents and their relatives, there appears no independent eye witness account regarding the nature of illtreatment meted out to deceased Dikshan. The statements of the parents appear to be of omnibus nature. The cause of the harassment seems to be non-fulfillment of the complainant to pay Rs. 10,000/- and because the applicants expressed their disapproval saying that they did not like Diksha. It is stated in the FIR that for about one (1) year after the marriage, she was treated well. The FIR and relevant statements do not specifically show as to when the demand of Rs. 10,000/- was put forth. Considering the omnibus nature of the statements of paternal relatives of Diksha, the allegations regarding the matrimonial cruelty will have to be appreciated on examination of credibility of the witnesses. The detention of the applicants in prison is not required in as much as the chargesheet is already filed. 5. In keeping with the foregoing reasons, the application is allowed. The applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) each, with one solvent surety bond each in the like sum, to the satisfaction of the learned Sessions Judge, and on condition that they shall not ( 4 ) contact any of the prosecution witnesses and shall make no attempt to tamper with the evidence of the prosecution. [V.R. KINGAONKAR] JUDGE NPJ/criapln4408-10