1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3786 OF 2009 Vijay Ramdas Bhamre, Age-27 years, Occu-Business, R/o.Dhandane, Tq. And Dist. Dhule APPLICANT VERSUS The State of Maharashtra, Through Superintendent of Police, Songir Police Station, Dhule RESPONDENT Mr.A.S.Sawant, learned counsel for applicant. Mr.N.R.Shaikh, learned counsel for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 10/12/2009 PER COURT : 1. By the present application, the applicant has prayed to release him on bail in connection with CR No.43/2009, registered in Songir Police Station, Dist. Dhule, for an offence punishable u/s. 304-B, 498-A, 323, 504, 506 r/w. 34 of IPC. 2. This application is now moved as after the completion of investigation charge sheet is filed against the applicant and others before the competent Court of Law. 2 3. Heard learned counsel appearing for applicant followed by the submissions of learned APP appearing for State. Also perused the papers of investigation as charge sheet is already filed. 4. Considering the submissions across the bar, it appears that applicant is the husband of victim Jayashri. Their marriage took place on 16/04/2008. Victim Jayashri have small kid at the time of alleged incident. The alleged incident is that victim has consumed some poisonous substance in her matrimonial house on 09/06/2009. When this fact is learnt by the applicant, her husband took her to the Civil Hospital Dhule for medical treatment. While the patient was under medical treatment, victim expired on 12/06/2009 at about 7.30 p.m. Information about this incident was given to the parents of victim by the sister in law of the applicant. After the demise of victim, on the basis of complaint lodged on 13/06/2009, the present offence came to be registered against the applicant and others. The applicant was arrested on 13/06/2009 and since then he is in custody. 5. During the course of submissions across the bar, 3 points are urged before me to release the applicant accused on bail, first now the investigation is over, and charge sheet is filed, the second point urged that considering the post mortem notes as well as the report of CA, some poisonous substance was found but undetected as it is difficult to ascertain the said substance and lastly that no evidence has came on record that soon before the incident any un-toward 3 incident took place with the victim which resulted the victim consumed the poisonous substance to commit suicide. 6. Learned APP in routine course, opposed the application. 7. Considering the papers of investigation, even though this is a case of death of a bride within a period of 7 years of her marriage, no incident has come on record which indicates that there was any un- toward demand or harassment to the victim soon before the alleged incident occurred, and if it is so, then without giving any opportunity to parties to lead their evidence, it can not be inferred that the victim committed suicide due to harassment at the hands of applicant and his relatives. A case is made out to release the applicant accused on bail, hence order - O R D E R 1. Application is allowed. 2. The applicant accused be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing PR bond in the like amount. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.3786-09