(1) CRI.APP. 4271.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4271 OF 2010 1. Kisan Mukinda Dange Age : 52 years, Occu.: Agri. 2. Meenabai Kisan Dange, Age : 40 years, Occu.: Household Both r/o Dorhale, Tq. Rahata, Dist. Ahmednagar .. Applicants VERSUS 1. The State of Maharashtra (Copy to be served on Public Prosecutor, High Court of Bombay Bench at Aurangabad) 2. The Superintendent of Police, Ahmednagar .. Respondents ... Mr. N.R. Bhavar, Advocate for the Applicants Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 19TH OCTOBER, 2010 ORAL ORDER:- 1. This is an Application for anticipatory bail. 2. The applicants are the brother-in-law and his wife vis-a-vis deceased Sangeeta. About 14 years prior deceased Sangeeta was married to brother of the applicant no.1. The couple was blissed with a son (2) CRI.APP. 4271.2010 and a daughter. The FIR prima facie shows that husband of Sangeeta, namely, Sanjay was addicted to liquor drinking after 3-4 years and started troubling the deceased Sangeeta. He used to demand Rs.50,000/-. He used to beat Sangeeta due to non- fulfillment of the demand. He was also having extra marital relations and, therefore, there used to be quarrels between the spouses. It appears that on 22.9.2010 deceased Sangeeta went to house of her parents. She narrated about the ill-treatment and beating at hands of her husband. She narrated to her maternal relatives that he was demanding Rs.50,000/- and used to return home in drunken condition and used to daily beat her. On next day, she committed suicide by jumping in a well situated behind the house. 3. Having heard learned Advocate for the applicants, and learned APP and on perusal of the investigation papers, it prima facie appears that the present applicants were not demanding any amount nor they were directly concerned with the matrimonial cruelty. In any case, they are not concerned with (3) CRI.APP. 4271.2010 the alleged admission made on 22.9.2010 by husband of the deceased. They cannot be held responsible for her suicide, prima facie, only because they are relatives of her husband. It appears that there is no substratum to infer their active role in the alleged offence of matrimonial cruelty and the suicide of deceased Sangeeta. Hence, their arrest may not be necessary for the purpose of effective investigation. 4. In the result, the Application is allowed. The applicants are directed to be released on bail, in the event of their arrest, on furnishing of bail bonds in sum of Rs.15,000/- (Rs. Fifteen Thousand) each before the Arresting Officer and on condition that they shall attend the concerned Police Station on each Tuesday and Saturday between 10.00 am. to 2.00 pm. and shall co-operate with the Investigating Officer during the course of the investigation for consecutive four (4) weeks hereafter or till filing of the charge-sheet/report, whichever is earlier. Sd/- [V.R. KINGAONKAR, J.] arp