( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4834 OF 2010 Rajendra Harishchandra Isarwade, R/o Gadhewadi, Taluka Shevgaon, District Ahmednagar. APPLICANT VERSUS The State of Maharashtra through P.I. Shevgaon Police Station, Tq.Shevgaon, Dist. Ahmednagar RESPONDENT .... Mr. A.B. Kale, advocate holding for Mr. V.V. Tarde, advocate for the applicant. Mr. N.H. Borade, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 14th December, 2010] PER COURT : 1. The application is for bail. 2. Heard learned advocate for the applicant and learned APP. Perused the recitals of the FIR and the investigation papers. 3. It prima facie appears that about 13 years prior, marriage between deceased Shantabai and the applicant was ( 2 ) performed. It also appears as per the recitals of the FIR that since about three (3) years before the alleged incident of suicide committed by Shantabai, she was being subjected to matrimonial cruelty. It is alleged that the applicant was asking for her consent to perform second marriage because Shantabai could not conceive a child. He was also demanding Rs. one (1) lac which was the amount required to be paid to the second wife. Allegedly, the applicant used to frequently assault Shantabai under drunken condition. The informant came to know on 3rd November, 2010 that Shantabai committed suicide by consuming certain insecticide. 4. It appears from the record that there is no direct evidence about the alleged matrimonial cruelty meted out to deceased Shantabai. There is also no written dying declaration. It is pertinent to notice that the informant is brother of deceased Shantabai. He claims to have been verbally narrated by Shantabai that the applicant was seeking permission to perform second marriage and was demanding money. She allegedly narrated to him that she was fed-up with the life and, therefore, consumed the poisonous substance/insecticide. If this was the oral dying declaration, ordinarily, the informant would have urged the ( 3 ) police to get the dying declaration recorded. Since the marriage was performed 13 years prior to the incident, presumption available under section 114-A of the Evidence Act is also of no avail. 5. Considering the attending circumstances and the material on record, further detention of the applicant is not necessary. Hence, the application is allowed. The applicant is directed to be released on bail on furnishing of the bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) with a solvent surety bond in the like sum, to the satisfaction of the Court of Sessions, and on condition that he shall not make any attempt to tamper with the evidence of prosecution and will not contact any of the prosecution witnesses. [V.R. KINGAONKAR] JUDGE NPJ/criapln4834-10 ( 4 )