(1) CR.APP. 1767.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1767 OF 2009 1] Bhaurao S/o Jaiwantrao Suryawanshi, Age : 65 years, Occu.: Agriculture, 2] Kantabai w/o Bhaurao Suryawanshi, Age : 60 years, Occu.: Household, Both R/o Kandli (Kd) Tq. Himayatnagar, District - Nanded .. Applicants Versus The State of Maharashtra, Through Police Inspector, Police Station, Tamsa, Tq. Hadgaon, Dist. Nanded .. Respondent Mr. G.P. Shinde, Advocate for the Applicants Mr. N.H. Borade, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 16TH JULY, 2009 ORAL ORDER:- 1] The applicants are seeking bail in crime no.21 of 2009 of Tamsa Police Station, Dist. Nanded dated 17.5.2009 alleging offences punishable under section 498-A, 323, 504, 306 r/w. 34 of the Indian Penal Code. (2) CR.APP. 1767.2009 2] The applicants are accused of abetting the commission of suicide by their daughter-in-law Ashwini, who was married to their son about six years back. Ashwini, the deceased made a dying declaration which was treated as complaint and FIR. She said that for last three years she and her husband are residing separately, but she said on account of sharing the bullocks, she and her husband used to have quarrels with the applicants. On 13.5.2009, she said at about 6.00 pm. she had another quarrel with the applicants. She said the applicants abused and assaulted her. She said she got angry and out of anger she poured kerosene on her person. Seeing this, the applicants instigated her, saying that she had on many occasions threatened to commit suicide and she should do so atleast today. They said this repeatedly. She said out of frustration, she set her clothes on fire. Seeing this, her husband came to rescue her. But by that time, she sustained extensive burn injuries. She was taken to hospital, where her dying declaration was recorded. She died on 18.5.2009. 3] The question is whether the incident prima facie amounts to abetment of suicide? This is not a usual case of dowry demand etc. The complainant deceased admitted that her quarrel with the applicants was on account of sharing of the pair of (3) CR.APP. 1767.2009 bullocks. Assuming that the applicants instigated her that she should commit suicide during the quarrel, it cannot be assumed that they really meant what they said. The applicants in my view, deserve bail. 4] The applicants are released on bail of Rs.5000/- (Rs. Five Thousand) each with one surety each in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/16july9/cr1767.09