{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.963 OF 2010 Smt.Sunanda Rangnath Mane Age-46 years, Occ-Teacher R/o Borawke Nagar, Ward No.1, Shrirampur, Tq-Shrirampur Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through Shrirampur city police station Shrirampur, Dist-Ahmednagar RESPONDENT ....... Mr. Joydeep Chatterjee h/f Mr.S.S.Deshmukh, Advo. for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12th March 2010 PER COURT: 1. By the present application, the applicant has prayed to release her on anticipatory bail in the event of her arrest in connection with CR No.46/2010 registered with Shrirampur city police station. 2. Heard learned counsel for the applicant and learned {2} APP. Perused the papers of investigation. 3. It appears that the complaint is lodged in respect of an unfortunate incident in which daughter of the complainant has committed suicide. It is alleged that she has committed suicide due to certain abuse by the applicant, who is class teacher of the deceased. It also appears that as the daughter of the complainant secured less marks, she was allegedly scolded and slapped by the applicant, which, it appears, has been taken by the deceased as humiliation and insult and all of a sudden committed suicide. Now a days it is a rising tendency in the society to commit suicide for trivial reasons. However, whether the alleged questioning by the teacher in respect of scoring low marks or not scoring up to mark can be said to be an instigation to commit suicide. Considering the submissions and the allegations leveled against the applicant, this Court does not feel that the act alleged against the applicant amounts to instigation for a student to commit suicide like raging. This is a exceptional case where the parents, teachers so also the students require conciliation to make healthy mind. In the premise, prima facie, the applicant cannot be faulted for the act of the student. In the peculiar facts and circumstances of the present case, case is made out to exercise discretion u/s 438 of the Criminal Procedure Code. 4. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.46/2010 {3} registered with Shrirampur city police station, she be released on bail on her furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. Applicant to cooperate with the investigating agency and to attend the police station whenever required on written requisition from the IO concerned. Copy of this order, duly authenticated, be provided to the parties to act upon. [A.V.POTDAR, J.] drp/A10/criapln963-10