1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 178 OF 2011 ( Babita Munnasingh @ Lakhansingh Juni Vs. State of Mah PSO PS Wardha) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri D. R. Bhoyar Adv for applicant. Shri S. M. Bhagde APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 9th JUNE, 2011. . This is an application under Section 438 of Criminal Procedure Code for issuing directions to release the applicant on bail in the event of her arrest in Crime No. 200 of 2011 registered at Police Station Wardha under Section 306 read with Section 34 of Indian Penal Code. One Lakshmi Kaur daughter of Takdirsingh Bawari had married Rajendrasingh Juni before about 7 years. Initially for a period of two years there was normal life. Thereafter her husband and her mother-in-law i.e. present applicant started illtreating her. They were asking her to bring money from her parents. During the period of 7 years, the father of Lakshmi Kaur had given money to his son-in-law on 2-3 occasions. About two years prior to the incident Lakshmi Kaur had left her matrimonial house on account of illtretment. Just one month prior to the incident there was amicable settlement and she went to reside with Rajendrasingh (accused no.1 in the crime). 2 On 03.05.2011 Lakshmi consumed poison and died. Takdirsingh lodged F. I. R. alleging illtreatment and unlawful demand by the present applicant and his son-in-law (accused No. 1). Perused the reply filed by the learned APP. It is stated that during investigation it has been revealed that the applicant used to ill-treat and harass the deceased. Applicant and her son both abated commission of suicide by Lakshmi Kaur. Contention of learned counsel for the applicant that at the time when the incident occurred, the applicant was out of house and was attending the meeting of Bachat Gat is not a mitigating factor. Offence of such nature takes place when there is continuous illtreatment. Presence of the accused at the time when the victim commits suicide is insignificant. Considering the nature of the offence, I am of the view that discretion of issuing directions under Section 438 Criminal Procedure Code should not be exercised. Application is rejected. JUDGE svk