1 crap3512.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3512 OF 2011 Yamunabai w/o Punjaram Jamadar, age 54 years, occ. Household, r/o Nanegaon, Tq. Paithan, District Aurangabad ...Applicant (Orig.Accused) VERSUS The State of Maharashtra ...Respondent ..... Shri N.K.Choudhari, advocate for applicant Shri B.V.Wagh, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 24th August, 2011 PER COURT : 1 Perused the investigation papers which were made available for inspection purpose, as well as heard respective learned counsel for the parties finally. 2 crap3512.11 2 This is an application preferred by the applicant seeking anticipatory bail apprehending her arrest under C.R. No. I-95 of 2011, registered at Pachod police station, District Aurangabad, for the offences punishable under Sections 498-A, 304 (B), 306 and 34 of the Indian Penal Code. 3 It appears that the offence has been registered on the basis of complaint lodged by Baban Bandu Solankar i.e. father of the victim Malan on 9.6.2011 in respect of alleged illtreatment to his daughter at the hands of the applicant and co-accused and committal of suicide by his daughter, namely Malan by jumping into well on 8.6.2011. 4 At the out set, it appears that interim protection was granted to the applicant by way of interim anticipatory bail by this court by order, dated 12.8.2011, which is effective till today. 5 The applicant herein is the mother-in-law of victim Malan. It is alleged in the first information report that the marriage of deceased Malan took place with Shivaji at about 3 years back and out of the said wedlock, she has one son, 3 crap3512.11 namely Laxman, who is about 1½ years old. There are allegations that victim Malan was illtreated by the applicant and other co-accused persons at her matrimonial home and there was unlawful demand of Rs.25,000/- from them to victim Malan, to be brought by her from her parental house, and due to non- fulfillment of the said unlawful demand, she was subjected to cruelty, and consequently, she was driven out of the house on 6.5.2011, and thereafter she went to her parent’s house and narrated the incident to them. However, the complainant i.e. father of the victim sent her to matrimonial home on 25.5.2011, and consequently, present incident of committal of suicide by victim Malan took place on 8.6.2011. 6 However, on perusal of the contents of the first information report, it appears that there are general and omnibus allegations against the applicant as well as the other co-accused persons and there are no specific allegations against the applicant and no specific role has been attributed to the applicant in respect of alleged illtreatment or alleged abetment in committal of suicide by victim Malan. Besides, the other six co-accused persons have been granted anticipatory 4 crap3512.11 bail by learned Additional Sessions Judge, Aurangabad on 2.7.2011, but the application for anticipatory bail of the present applicant only came to be rejected by the said order. 7 Moreover, the applicant is a woman aged about 54 years and considering the accusations made against her which are of general and omnibus nature, it is apparent that there is no necessity of the custodial interrogation of the applicant for further progress in the investigation, and hence, interim anticipatory bail granted to her deserves to be confirmed. 8 In the result, present application is allowed and interim anticipatory bail granted to the applicant by order dated 12.8.2011 by this court stands confirmed on the following conditions. (i) The applicant shall give attendance before the concerned investigator twice in a week i.e. on every Tuesday and Friday between 3.00 p.m. to 5.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation. (ii) The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 5 crap3512.11 9 The above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 10 The present application stands disposed of finally. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3512.11