1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3971 OF 2010 Latabai Raghunath Patil, Age-40 years, Occu-Household, R/o.Plot No.2-B, Ahuja Nagar, Nimkhedi shiwar, Jalgaon, Tal. and Dist. Jalgaon APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Joydeep Chatterji, learned counsel for the applicant. Mr.B.V.Wagh, learned A.P.P. for respondent State. WITH CRIMINAL APPLICATION NO.4133 OF 2010 Ushabai @ Janabai Raghunath Patil, Age-50 years, Occu-Household, R/o.Plot No.18-A, Ahuja Nagar, Nimkhedi shiwar, Jalgaon, Tal. and Dist. Jalgaon APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.V.B.Patil, learned counsel for the applicant. Mr.B.V.Wagh, learned A.P.P. for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 21/10/2010 2 PER COURT : 1. Heard. Leave to correct the name of applicant in Cri.Appl.No. 4133/2010. Both these applications are arises out of the same CR.No.114/2010, registered in Jalgaon Taluka Police Station, hence both these applications to be disposed of by one common order. 2. By these applications, the applicants have approached this Court for their pre-arrest bail, in the event of their arrest in connection with CR No.114/2010, registered in Jalgaon Taluka Police Station of Dist. Jalgaon. 3. Heard respective counsels for the parties. Perused the papers of investigation. 4. It appears that the said CR came to be registered on the complaint of one Chhaya Bhagwan, the wife of deceased Bhagwan Saindane. Perusal of the complaint shows that this Bhagwan has maintained illicit relations with applicant in Cri.Appl.No.4133/2010, who is wife of Raghunath Patil. The applicant in Cri.Appl.No. 3971/2010 is co-wife of Raghunath Patil. Complaint discloses that due to these relations, Bhagwan, who was serving with Police Department, has dis-associated his relations with complainant in due course, after the lust and money, both were over and the kids of Ushabai alias Janabai attained the marriageable age and insisted to perform marriage with the cousin of the deceased, to which deceased 3 objected. It is alleged that as the deceased was not in a position to provide money for these illicit relations, Ushabai threatened to break down these relations and because of that, Bhagwan committed suicide. 5. To attract the offence punishable u/s. 306 of The IPC, there must be ingredients of Section 107 of The IPC, which is an instigation to commit suicide. perusal of the complaint as well as the statements of witnesses do not disclose this aspect. It is urged on behalf of State by learned A.P.P. that certain suicide note was recovered from deceased Bhagwan. Perusal of this suicide note discloses that the applicants are not ready to continue with the illicit relations with the deceased, hence according to the deceased, he has no other alternate than to commit suicide. By no stretch of imagination, the disclosure in the suicide note will not amount to an instigation to commit suicide. Considering this aspect, even though there is suicide note, custodial interrogation of these applicants is not required. A case is made out to enlarge the applicants on pre-arrest bail, hence - O R D E R Applications are allowed. Interim protection granted to the applicant in Cri.Appl.No.3971/2010 is hereby extended till filing of the charge sheet. In the event of arrest of applicant in Cri.Appl.No. 4133/2010 in connection with CR No.114/2010, registered in Jalgaon Taluka Police Station, she be released on her furnishing surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 4 This protection is granted till filing of the charge sheet. Both the applicants to give attendance to the City Police Station, Jalgaon, if required, on written intimation by the Investigation Officer concerned. Both the applications stand disposed of accordingly. (A.V.POTDAR, J.) khs/OCT. 2010/cri.appl.3971-10