{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 427 OF 2010 Radhabai w/o Shrikant Mhaske Age-25 years, Occ-Household R/o Jalna APPLICANT VERSUS The State of Maharashtra Through police Station Kadim Jalna RESPONDENT ....... Mr. S.J.Salunke, Advocate for applicant Mrs.Y.M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th February 2010 PER COURT: 1. This is an application by which the applicant has prayed to release her on bail in connection with CR No.173/2009 registered with Kadim, Jalna police station for an offence punishable u/s 302 r/w 34 of the Indian Penal Code as the applicant is in jail since 08.10.2009 and after completion of investigation charge sheet has been filed on 04.01.2010 and the case is numbered as RCC No.06/2010. {2} 2. Heard learned counsel for the applicant and learned APP. 3. It appears that the said offence is registered on the complaint of one Meerabai Mhaske. as her 10 months old son, Abhijit, expired on 7,10.2009. It was suspected that the present applicant, who is wife of brother of husband of the applicant, had administered some poisonous substance to the son of the complainant over certain dispute. It is alleged in the complaint that as the applicant is in habit of committing theft of household articles, which was disclosed by the complainant to others, she had developed a grudge against the complainant and hence the applicant and her relatives had threatened the complainant and her husband that they would take revenge of the same. It is stated in the complaint that prior to the said incident, on 3.10.2009, the child was admitted in a hospital as he was not feeling well. It is further stated that the doctors have given stomach wash as he suspected that some poisonous substance has been in the intake of the child. Thereafter, again the child was admitted in the hospital and at that time the complainant noticed the applicant coming out of the room where the child was kept. It was also found that some liquid substance was found near the mouth of the child and also an empty bottle was found containing poison used for rat killing. Therefore, it was suspected that the applicant has administered poison to the child, which has resulted into his {3} death. 4. After the death of the child, PM was conducted and viscera along with cuts and slices of spleen and lungs were sent for chemical analysis. Today, CA report is produced on record, which indicates that no poisonous substance was found in the same. Thus, it is clear that the death of the child is not caused due to the poisonous substance, which is alleged against the applicant that the child expired due to administration of poisonous substance by the applicant. As now the doubts are removed and it is clear that the death is not caused due to poison, there is no harm to release the applicant on bail, as for sufficient time she has undergone the custody. In the premise, case is made out to enlarge the applicant on bail. 5. In the result, the application is allowed. The applicant be released on bail, if not wanted in any other offence, on her furnishing surety in the sum of Rs.10,000/- and on executing PR bond in the like amount. [A.V.POTDAR, J.] drp/A10/criapln427-10