Cri. Appln.No. 2708/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2708 OF 2011 1. Nana s/o. Kalu Thelari, 2. Dashrath s/o. Kalu Thelari, 3. Kalu s/o. Ghama Thelari, 4. Sau. Sakharbai w/o. Kalu Thelari, 5. Sau. Rakhmabai w/o. Dashrath Thelari, 6. Bula s/o. Hari Thelari, All R/o. Dusane, Tq. Sakri, Dist. Dhule, Presently R/o. Village Gogapur, Tq. Shahada, Dist. Nandurbar. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. C.R. Deshpande, Advocate for applicants. Mr. B.J. Sonawane, APP for State/respondent. Mr. A.B. Kale, Advocate for original complainant. CORAM : T. V. NALAWADE, J. DATED : 15th July, 2011. PER COURT : 1. Leave granted to correct the name of applicant No. 6 and it is made as Bula. Applicants are to make necessary corrections and correct the crime number as Cr. No. 93/2011. The crime number is corrected as per the statement made by APP. 2. This application is filed for bail in Cr. No. 93/2011 registered in Cri. Appln.No. 2708/11 2 Shahada Police Station for offences punishable under sections 306, 498- A, 34 of IPC. Both the sides are heard. The papers of investigation were made available. 3. The crime is registered on the basis of report given by father of the deceased Rama Thelari. Deceased was given in marriage to applicant No. 1 four years prior to the date of incident. Applicant No. 2 is brother of applicant No. 1, applicant Nos. 3 and 4 are parents of applicant No.1, applicant No. 5 is the wife of applicant No. 2 and applicant No. 6 is related to other applicants. Allegations are made that after the marriage the deceased started disclosing to complainant that the present applicants were saying that she was black in complexion, she was not able to prepare food and she was not able to do household work and due to that she was given illtreatment. The deceased had given birth to a girl, but the said female child died and after that deceased did not conceive. Allegations are made that due to this circumstance, also she was harassed. In the past, on few occasions when the deceased returned to parents, on every occasion she was sent back to the applicants. Lastly 15 days prior to the date of incident she came to parents and was not ready to go. As applicant No. 6 Bula Thelari has come to take her back, she was sent. 4. The deceased was missing since 4.6.2011 and information in this regard was given by applicant No. 1 to the complainant. Missing report was also given. The dead body of deceased was found in the well on Cri. Appln.No. 2708/11 3 8.6.2011 and then applicant No. 1 informed to the complainant about the finding of dead body. Report came to be given on 8th itself. 5. The advocate of the applicants submitted that in view of nature of allegations, there is no reason to keep the applicants behind bar till the disposal of the case. The PM report shows that death took place due to asphyxia due to drowning. It was submitted that applicants are shepherds by profession and so they were there and the dead body of the deceased was found in a well situated at Gogapur, but that well does not belong to the applicants. Witness are from village Balsane, Tahsil Sakri, Dist. Dhule. In view of these circumstances, bail can be granted to applicants, subject to some conditions. 6. So the application is allowed. Applicants are to be released on bail on their furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand), each, in Cr. No. 93/2011 registered in Shahada Police Station for offences punishable under sections 306, 498-A, 34 of IPC. Applicants are not to tamper with the prosecution witnesses and they are not to enter in the village Balsane, Tahsil Sakri. [ T. V. NALAWADE, J.] ssc/criapln2708.11