Cri. Appln. No. 3032/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3032 OF 2011 Raju s/o. Gangadhar Suryawad, R/o. Kadoli, Tq. Shengaon, Dist. Hingoli. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. V.D. Sapkal, Advocate for applicant. Mr. B.J. Sonawane, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 27th July, 2011. ORDER : 1. This application is filed for bail in Cr. No. 28/2011 registered in Goregaon Police Station for offences punishable under sections 302, 498-A, 34 etc. of IPC. The papers of investigation were made available and both the sides are heard. 2. The crime is registered on the basis of report given by father of deceased. Deceased Ratnamala was given in marriage to the applicant two years prior to the date of incident. Other daughter of the complainant namely Manda was given in marriage to brother of applicant. But, five years prior to the incident, the brother of the Cri. Appln. No. 3032/2011 2 applicant died and after that Ratnamala was given in marriage to the applicant. Allegations are made that after one year of the marriage illtreatment was started to Ratnamala by applicant and his relatives. 3. Allegations are made that the applicant had purchased a pair of bullocks on credit basis through the complainant and the complainant was required to pay the amount of Rs. 20,000/- to the vendor. Allegations are made that amount of Rs. 50,000/- was taken as hand loan by the applicant from the complainant, but this amount was not returned. It is contended that when the complainant started demanding back the money, applicant started making new demand of Rs. 50,000/- and to force this demand, he started giving illtreatment to the deceased. Allegations are made against uncle of the applicant that he refused to intervene in the matter. 4. The incident took place on 18.3.2011. Manda was present in the house of applicant and the parents of the applicant were also present. Allegations are made that the applicant and his parents started giving beating to deceased and they started giving abuses in bad language. It is contended that when Manda tried to intervene, threat was given to her. Allegations are made that uncle of applicant also came there and he instigated the applicant and his parents to finish both Ratnamala and Manda. Allegations are made that on that day in presence of Manda Cri. Appln. No. 3032/2011 3 poison was administered by applicant and his parents to Ratnamala and then Manda ran away and she took both her issues to her father. 5. Ratnamala died on the same day in Washim, where she was shifted for treatment. The papers of investigation show that on 18.3.2011 present applicant and complainant were together in Washim. From Renold Hospital, Ratnamala was taken to civil hospital by Narayana Shinde, complainant. On that day information was given to the parents and hospital that poison was consumed by Ratnamala. The report came to be given on 19.3.2011 at 20.30 hrs. The statement of Manda came to be recorded on 21.3.2011. In report dated 19.3.2011 there is no mention that Manda had informed to complainant that she had witnessed the incident in which poison was administered by applicant and his parents to Ratnamala. In the report, there is mention that first the applicant contacted the complainant to inform that Ratnamala had consumed poison and after that Manda had contacted the complainant. Manda had not informed that poison was forcibly administered. 6. The police papers show that at the time of preparing enquest panchanama, parents had given intimation to the complainant and the complainant and the relatives from matrimonial side were present when enquest panchanama was prepared in presence of panchas. Panchas have formed the opinion that it was the case of consuming poison. PM Cri. Appln. No. 3032/2011 4 report shows that no injury was found on the dead body and it is the case of death due to poisoning. Allegations are made by Manda that severe beating was given to the deceased by applicant and his parents by using log of wood. But, no such injury was found on the dead body. It was submitted that charge-sheet is already filed. The applicant is behind bars for more than three months. The witnesses like the parents of the deceased are from other village. In view of these circumstances and Manda is now living with her parents, this Court holds that bail can be granted to the applicant. 7. So the application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand) in Cr. No. 28/2011 registered in Goregaon Police Station for offences punishable under sections 302, 498-A, 34 etc. of IPC. The applicant is not to enter village Pimpalgaon, the place of residence of parents of Manda. He is not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln3032.11