1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3738 OF 2009 1. Radhakisan S/o.Bapurao Kshirsagar, Age-66 years, Occu-Agriculturist, R/o.Paradh, Tq.Bhokardan, Dist. Jalna, 2. Geetabai w/o.Radhakisan Kshirsagar, Age-60 years, Occu-Household, R/o.Paradh, Tq.Bhokardan, District : Jalna, APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.R.S.Shinde, learned counsel for the applicants. Smt.Y.M.Kshirsagar, learned APP for the respondent. (CORAM : A.V.POTDAR, J.) DATE : 11/11/2009 PER COURT : 1. By the present application, these applicants prayed to release them on bail in connection with offence registered vide CR No. 32/2009 in Paradh Police Station, Taluka Bhokardan, Dist. Jalna in connection with an offence registered u/s. 498-A, 306 r/w. 34 of IPC. 2. Heard learned counsel for applicant Shri.Shinde followed by 2 the submissions of learned APP appearing for the State. 3. As the notice of this application is already served on prosecution, papers of investigation till carried out are placed before me for my perusal. 4. The undisputed facts that the marriage of the deceased took place with Dnyaneshwar Radhakisan, the son of these applicants somewhere in the month of February 2009. He is serving in the defence services. At the time of marriage, this Dnyaneshwar was on 1 month leave for his marriage and thereafter he returned to attend his job on border. It is the allegation that these applicants alongwith their another son and another daughter in law were harassing deceased Sandhya on the count of dowry as their other son was intending to run a hotel business for which there was demand of dowry from the parents of the deceased. Due to this illtreatment, it is alleged that deceased Sandhya consumed poison on 03/10/2009, and thereafter on 05/10/2009, the complaint was lodged. The bail is claimed on two grounds, first the age of these applicants and second that in whose name it is alleged that the harassment was caused to the deceased for dowry, that another son of these applicants and his wife were released on bail. 5. Papers of investigation placed in my hand discloses that statement of the material witnesses are already recorded. Now nothing remain to be recovered either from these applicants accused 3 or from anybody during the course of investigation of this case. The postmortem notes as well as the medical certificate clearly indicate that the death of the deceased is not a natural death but said to be suicide at this stage. Considering the papers of investigation till carried out, the nexus between the death of the deceased and the alleged demand is to be considered at the time of trial as considering the papers of investigation till carried out placed in my hand and considering the age of these applicants and other applicants are already released on bail, a case is made out to release these applicants on bail. Hence order : O R D E R 1. Application is hereby allowed. 2. Both the applicants be released on bail on furnishing the surety in the sum of Rs.15,000/- each and on executing the PR bond in the like amount. 3. After releasing on bail, these applicants are hereby directed not to contact the prosecution witnesses or not to tamper the evidence of prosecution. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3738-09