1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (ABA) NO. 389 OF 2011 (ASHRU SAHEBRAO KUTE & PRAKASH ASHRU KUTE...VS..STATE OF MAH. THR. PSO MALEGAON, DISTT. WASHIM.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.P.Tathod, Advocate for Applicants. Mrs. B.P.Maldhure, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : NOVEMBER 14, 2011. The applicants No.1 and 2 are seeking directions to release them on bail in the event of their arrest in Crime No. 165 of 2011, registered with Police Station, Malegaon, District : Washim for the offences punishable under Sections 498-A, 304-B & 302 of the Indian Penal Code. Lata @ Manda had married to Satish Laxman Kute in the year 2009. She started residing with her husband Satish Kute and mother in law Kauslya at village Pangri (Kute). Nanda Vitthal Kate sister of Satish married in the year 2008 and stays with her husband. The applicants are the cousins of Satish Laxman Kute having their separate place of residence. On 04.10.2011 Manda met with death by drowning in the well. The dead body of her daughter Sukanya was also taken out from the well. Presumably, Manda jumped in the well with her daughter or was thrown in the well, as alleged in the first information report. Even if the contents in the first information report lodged by the father of Manda on 08.10.2010 are accepted as they are, it is not shown that the applicants had any role to 2 play in the death of Manda. What is alleged in the first information report is that after hearing the grievances from Nanda, her father had been to the applicant No.1 and his son i.e. applicant No.2 requesting to intervene and mediate. Both the applicants arrogantly refused to intervene. This seems to be the reason for adding the names of these applicants in the first information report. In the first information report at the end a general statement is made to the effect that Satish, Kauslya, Nanda, Prakash and Ashru Patil had thrown Manda and her daughter in the well. In that light of the matter, the application will have to be allowed subject to certain conditions. In the event of arrest, in the aforesaid crime, the applicants be released on their furnishing P.R. bond of Rs.Twenty Five Thousand each with two solvent sureties each in the like amount subject to condition that they shall attend Police Station, Malegaon, District : Washim in between 10.00 a.m. to 12.00 a.m. daily till submission of the chargesheet or till their presence is required by the investigating officer, whichever occurs earlier. JUDGE RR..