1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2856 OF 2010 1. Asha @ Asara Pandharinath Dhaitadak, Age-27 years, Occu-Household, R/o.Dhaitadakwadi, Tq.Pathardi, Dist. Ahmednagar 2. Lanka @ Jayshree Ramrao Palwe, Age-25 years, Occu-Service, R/o.Sanaswadi, Tq.Shrirur, Dist. Pune. APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.Joydeep Chatterji, learned counsel for applicants. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 23/07/2010 PER COURT : 1. By the present application, the applicants have prayed this Court for their release on bail in connection with CR No.244/2010, registered in Pathardi Police Station, of Dist. Ahmednagar. The applicants were arrested in connection with this offence on 29/06/2010. 2 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 3. Admittedly, complainant Sima is the wife of brother of these present applicants. At the time of incident, Sima was residing in her matrimonial house. Perusal of FIR demonstrates that Sima was carrying, and it is suspected by her husband and in laws that she was carrying female child. It appears that on the date of incident, Sima was forced to consume certain pills to abort the child, for which she refused. Being annoyed by the same, it is alleged that her husband and father in law have thrown her in the well, for which there is instigation at the hands of her mother in law and brother in law. Admittedly, husband of the victim, brother in law, father in law and mother in law are not before this Court. It is vehemently urged that there is torcher at the hands of first applicant, as she is residing in the same place and there is torcher at the hands of 2nd applicant on her visit at the place of matrimonial house of Sima. This Court is not in agreement with the submissions of learned APP about the torcher at the hands of these applicants. It is to be noted that this is not a case of Section 302, 304-B of The IPC, but the alleged offences 3 against applicants and others are under section 307 r/w. other sections of Penal Code. Clear perusal of the FIR do not demonstrates any active participation or presence of these applicants in causing the proposed death of victim Sima, and if it is so, as for sufficient period, these applicants are behind bars, case is made out to enlarge them on bail, hence order - O R D E R 1. Application is allowed. 2. 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. 3. After released on bail, applicants not to contact victim Sima. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2856-10