{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3881 OF 2009 Surekha d/o Narayan Deshpande Age-46, years, Occ-Service R/o Sarswati Niwas, Dindayal Colony Mandva Road, Ambajogai Tq-Ambajogai, Dist-Beed APPLICANT VERSUS The State of Maharashtra Through Rural Police Station, Ambajogai, Dist-Beed RESPONDENT ....... Mr.S.S.Jadhavar, Advocate for applicant Mr.N.B.Patil, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 24 th November 2009 PER COURT: 1. By the present application the applicant has prayed to release her on anticipatory bail in the event of her arrest in connection with CR No.81/2009 registered with Ambajogai (Rural) police Station u/s 306, r/s 34 of the IPC and u/s 3 (2) (v) of the Atrocities Act. {2} 2. Heard learned counsel for the applicant followed by the submissions of the learned APP. 3. So far as the alleged offence is concerned, the same is registered on the compliant of one Saroja Rajabhau Bansode wife of Rahabhai, who has consumed poison on 7 th August 2009, as he was allegedly threatened by one Baliram Mahadeo Jogdand and he expired in the hospital of 10 th August 2009. At the time of consuming poison he has written a suicide note, which he had handed over to one Somwanshi. It is alleged in the complaint that due to harassment of Jogdand, the present applicant, Asmita Kumtekar and one Menkudale, Head Master, the deceased has committed suicide. 4. During the course of submissions, by drawing my attention to the contents of the complaint, it is urged that by plane reading of the complaint it is clear that the deceased has consumed poison on 7 th August 2009 because he received threats from Jogdand as he has threatened to kill him and that is why the deceased has committed suicide. If it is so, that at least at this stage, applicant cannot be connected with an offence punishable u/s 306 of the IPC. 5. Learned APP vehemently opposed this application for anticipatory bail on the ground that there is history of harassment on the part of present applicant as she and others used to harass {3} the deceased in the name of his caste during the functioning in the school. 6. Considering the submissions and on perusal of the investigation papers, it is clear, at least at this stage, that when the alleged incident took place on 7 th August 2009 when the deceased consumed poison, the reason for the same is stated that as the deceased has received threats from one Jogdant and that is why he has committed suicide. Accordingly, he has written the said fact in the suicidal note. From disclosure of this fact, at least at this stage, no nexus could be established to involve the applicant with the offence punishable u/s 306 of the IPC. In the premise, this is a fit case to exercise discretion to enlarge the applicant on anticipatory bail. 7. In the result, the application is allowed. The interim protection earlier granted to the applicant be continued for a further period of 6 weeks, within which time the applicant may apply for regular bail. Application stands disposed of in the above terms. [A.V.POTDAR, J.] drp/criapln3881-09