1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2235 OF 2010 Shalini Manohar Sonawane (Actually Shalini Manohar Pawar, as per govt.record.) Age-50 years, Occu-Nurse, Rahuri Station Road, Dattanagar Area, Tal.Rahuri, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.H.G.Thorat, learned counsel for applicant. Mr.D.V.Tele, learned APP for State CORAM : A.V.POTDAR, J. DATE : 30/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for her release on anticipatory bail in the event of her arrest in connection with CR No. 119/23010, registered in Rahuri City Police Station. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. It appears from the complaint that the said offence came to be 2 registered on the complaint of Usha Mohan Tanpure, the mother of the victim Archana, who got married with one Vijay Ramchandra Gadakh. From the said wedlock, Archana delivered 2 children. It is further alleged that somewhere in the month of Jan.2010, husband of Archana developed illicit relations with present applicant. Due to that Vijay was harassing deceased. It further appears that the complainant, mother in law of Vijay requested him to stop these activities, but Vijay was out of control. On 11/04/2010, around 8.30 to 9.00 p.m., as deceased Archana annoyed with relations of her husband with the present applicant, she poured kerosene on her person, and set herself on fire. During the said incident, Archana alongwith her minor daughter Shreya sustained burn injuries and succumbed to death, hence the present crime was registered. 4. The offence was registered u/s. 498-A and 306 of The IPC. This applicant is not a relative of husband of deceased, hence as per the ratio given by the Nagpur Bench of this Court, as well as in some of the rullings delivered by this Court also, Section 498-A will not attract to the outsider, who is not a family member of relative of deceased. The second fact needs consideration is that wherever there is any accusation u/s. 306 of The IPC, element of instigation u/s. 107 of The IPC, must be in existence. On clear perusal of the complainant, it nowhere revealed that this applicant has instigated deceased Archana to commit suicide. 5. Considering this legal aspect, case is made out to grant 3 anticipatory bail in favour of applicant, hence order: O R D E R 1. Application is allowed. 2. In the event of arrest of applicant in connection with CR No. 119/2010, registered in Rahuri City Police Station, she be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. Applicant to give attendance to Rahuri City Police Station, if required, on written instigation by the Investigation Officer concerned. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri-appl-2235-10