{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4541 OF 2009 1. Gulab s/o Jaywant Satav Age-65 years, Occ-Agriculture 2. Hirabai w/o Gulab Satav, Age-60 years, Occ-Agriculture & Household 3. Alka Walmik Satav Age-34 years, Occ-Agriculture All R/o Arangaon-Dumala Tq-Shrigonda, Dist-Ahmednagar APPLICANTS VERSUS The State of Maharashtra Through police station Shrigonda, Tq-Shrigonda, Dist-Ahmednagar RESPONDENT ....... Mrs.M.D.Thube-Mhase, Advocate for applicants Mr.B.J.Sonawane, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 1st February 2010 PER COURT: 1. By this application, the applicants No.1 and 2, who are father in law and mother in law and aged about 65 and 60 years respectively, and applicant No.3, who is sister in law of the deceased Rekha, have prayed to release them on bail, as they are arrested on 13.11.2009 in connection with CR No.418/2009 registered with Shrigonda police station and since then they are in {2} jail. 2. Heard learned counsel for the applicants followed by the learned APP. 3. It is alleged in the complaint that the marriage of deceased Rekha was performed with the son of applicants No.1 and 2 prior to 10 years of the incident. It is further alleged in the complaint that the deceased was being harassed on the count of demand of dowry for purchase of agricultural land. It is also alleged that due to the said harassment and as the parents of the deceased were not in a position to satisfy the demand, the deceased has committed suicide by jumping in a well. 4. It is urged on behalf of the applicants that the allegations against the present applicants are sweeping in nature and no specific role, soon before the alleged incident dated 13.11.2009, is attributed to the applicants. Per contra it is urged by learned APP that though the offence is registered u/s 306 of the Indian Penal Code yet, in fact, it is a case of murder punishable u/s 302 of the Indian Penal Code. It is contended by learned APP that as the husband of the deceased has illicit relations with applicant No.3 and as the same were witnessed by the deceased, due to apprehension, the deceased along with her daughter was forcibly administered poison and then were thrown in the well, which has resulted into their death. For this submission, learned {3} APP has relied on the statement of the brother of the deceased recorded during the investigation. Admittedly, neither the brother of the deceased is residing in the vicinity nor any complaint in respect of illicit relations of the husband of the deceased with applicant No.3, was lodged. Even in the complaint also there are no allegations that due to the illicit relations of the husband of the deceased with applicant No.3, she was murdered by the applicants. 5. Though the investigation is at initial stage, yet taking into consideration the fact that the applicants are behind the bar for more than 60 days and in view of the fact that there is no consistency in the allegations in the complaint and statements of the witnesses recorded during the investigation, so far as applicants are concerned, case is made out to enlarge the applicants on bail. 6. In the result, the application is allowed. The applicants be released on bail on their furnishing surety in the sum of Rs. 15,000/- each and on executing PR bonds in the like amount. Applicants are directed to cooperate with the investigating agency. [A.V.POTDAR, J.] drp/A10/criapln4541-09