( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3436 OF 2010 1. Fakirchand s/o Dagduba Ingle 2. Kasturabai Fakirchand Ingle, R/o Shirasgaon-Wagrul, Tq. Bhokardan, District Jalna. APPLICANTS VERSUS 1. The State of Maharashtra 2. Superintendent of Police, Jalna, Dist. Jalna. RESPONDENTS .... Smt. Sadhana S. Jadhav, advocate for the applicants. Mr. N.H. Borade, APP for the respondents/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 15th October, 2010] PER COURT : 1. Heard. 2. The applicants are husband and wife interse. Allegedly, the prosecutrix, who subsequently died, was subjected to forcible sexual intercourse by son of the applicants on 17th April, 2010 in their house at about 1430 hours. Her brother came to know about it and loudly knocked the door of that house. Her brother pelted a stone which ( 2 ) struck the son of the applicants i.e. Ganesh and thereafter, the prosecutrix came out of the house. She was weeping and immediately narrated the incident to him. After the incident, the family members of the prosecutrix did not disclose the same to anyone under the fear that she may not be married. Allegedly, on 19th April, 2010 i.e. about two (2) days of the earlier incident, the applicants went to house of the prosecutrix while she was alone. They abused her and told her to consume some drug and die. It is alleged that subsequently, the prosecutrix consumed certain insecticide and committed suicide due to the unbearable insult. 3. Considering the nature of incident, it does not prima facie appear that the present applicants can be booked for offence, punishable under section 376 read with section 34 of the I.P. Code, which is one of the charge levelled against them. Secondly, mere utterances by the applicants that the girl should consume something and die will not amount to instigation to commit the suicide. Their acts, even if they are considered on the face of the record, with assumption that the FIR reveals gospel truth, then also, prima facie, there is no material to infer complicity of the applicants for the alleged offence punishable under section 376 of the I.P. Code, ( 3 ) which necessarily requires proof regarding the ingredients of section 107 of the I.P. Code. Moreover, nothing is to be recovered from the applicants nor their custodial interrogation is otherwise necessary. 4. In view of the foregoing discussion, the application is allowed. The ad-interim order rendered on 31st August, 2010 is confirmed, subject to the condition that the applicants shall attend the concerned Police Station on each Sunday between 10 a.m. and 2 p.m. for four (4) consecutive Sundays and shall cooperate with the Investigating Officer during the course of investigation by properly responding to the interrogation and producing the documents, if any, as may be called. The anticipatory bail will come to an end on filing of the chargesheet or final report, as the case may be. [V.R. KINGAONKAR] JUDGE NPJ/criapln3436-2010 ( 4 )