1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4098 OF 2008 Sudhir @ Bapu Shivraj Nakade .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.V.V.Purwant for the applicant. Mrs.P.P.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 26TH NOVEMBER, 2008. DATED : 26TH NOVEMBER, 2008. DATED : 26TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No.177 of 2008 of Barshi City police station, Solapur. The said crime has been registered against the applicant and five others for having allegedly committed an offence punishable under sections 306, 504, 506 r/w 34 of the IPC. 3. It is the prosecution case that the deceased - Noorjahan Shaikh committed suicide by pouring kerosene and setting herself on fire in her own house. Her dying declaration came to be recorded on 29.9.2008 at 5.20 pm in which she has stated that the applicant and 2 2 2 two others on two occasions on 28.9.2008 had visited her house and had allegedly abused her parents. Thereafter, it is the prosecution case, as seen from the dying declaration, when her parents had gone to the police station to lodge a complaint against the applicant and others one boy allegedly visited the house and threatened that he would kill her and, therefore, she committed suicide. She has also stated in her dying declaration that due to harassment caused by the applicant and Sachin Kamble she wanted to commit suicide. 4. It appears that on 25.9.2008 the deceased had eloped with Vinod Gaikwad, a friend of the applicant. Her maternal uncle had lodged a missing complaint with Karmala police station on 26.9.2008. The deceased had approached the Karmala police station and gave her statement on 26.9.2008, stating that she had love with Vinod Gaikwad and further made a grievance against her parents stating that if anything happens to her, her parents should be held responsible for the same. I have perused the FIR dated 8.10.2008 in which it is stated that the applicant was given responsibility to visit the house of the deceased, perhaps, with a view to keep watch on the parents of the deceased. Keeping that in view and considering the material placed 3 3 3 before me and overall facts and circumstances of the case I am inclined to grant this application for anticipatory bail. Hence the following order: . In the event of arrest, the applicant to be released on bail in the sum of Rs.35,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every Wednesday and Saturday between 7 and 8 pm for a period of one month and thereafter on every alternate Saturday between 7 and 8 pm for a period of 90 days from the date of his arrest or till filing of the charge sheet, whichever is earlier. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)