1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 379 of 2011 (Mandabai Rambalising Thakur Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Anil Mardikar, Advocate for the applicant. Mr. V.A. Thakre, APP for the State/non-applicant. CORAM : M. N. GILANI, J. DATE : 8 th JULY, 2011. Heard both sides. Applicant Mandabai Thakur, a housewife, aged about 35 years, resides in town Anjangaon, District Amravati. She was acquainted to one Shoeb Khan, aged about 23 years. Applicant has a daughter, aged about 8 years. On 28/12/2010, Shoeb Khan committed suicide by hanging himself to the tree in the forest. Police registered the case of suicidal death. No case alleging commission of crime was registered till 30/05/2011. On 30/05/2011, the brother of deceased lodged F.I.R. He alleged that deceased while maintaining affairs with the applicant was opposing her relations with others. Ultimately, he was frustrated in this affair and committed suicide. It is absolutely not understood as to how the facts stated in the F.I.R. can constitute an offence punishable 2 under Section 306 of the Indian Penal Code. It is strange that on such facts the learned Additional Sessions Judge rejected the bail application. Evidence, like the deceased and the applicant were talking on cell phone, would only point out that they were having affairs. Frankly speaking, the police should have examined the ingredients of offence punishable under Section 306 of the Indian Penal Code, before registering the offence. Application is allowed. Applicant is directed to be released on her executing P. R. Bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only). Hamdast allowed. JUDGE *Sdw