{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2269 OF 2010 1. Rambhau s/o Laxman Yenare Age-58 years, Occ-Service 2. Alkabai @ Kachrabai Rambhau Yenare Age-55 years, Occ-Household 3. Dipak s/o Rambhau Yenare Age-21 years, Occ-Student All R/o Raytale, Tq-Parner Dist-Ahmednagar 4. Rajendra @ Raju Rambhau Yenare Age-28 years, Occ-Service R/o Warje-Malwada, Tq and Dist-Pune APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mrs. S.S.Jadhav, Advocate for the applicants Mr. D.V.Tele, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 1st July 2010 PER COURT: {2} 1. By this criminal application, the applicants, who are father in law, mother in law, brother in law and husband of deceased Deepali, have prayed to release them on bail in connection with CR No.9/2010 registered with Supa police station, Dist-Ahmednagar for an offence punishable u/s 498-A, 306, 304-B r/w 34 of the Indian Penal Code. 2. At the outset, learned counsel for applicants, on instructions, states that at present she is not pressing this application so far as it relates to applicant No.2, Alkabai. In the premise, the application stands dismissed so far as applicant No.2 Alkabai is concerned. 3. Heard learned counsel for the applicants followed by learned APP. 4. This offence came to be registered on the complaint of one Mohan, father of Deceased Deepali. Admittedly, marriage of deceased Deepali was performed with applicant No.4 on 03.12.2009. It is also not disputed that as applicant No.4 is in service at Pune, after marriage applicant No.4 and deceased were residing at Pune separately from other applicants. During May vacations, the couple had been to their native from where the deceased had went to her maternal house. Thereafter, as the applicant No.4 called her back, she had returned to the native of {3} her husband along with her cousin and mother on 23.05.2010. It is alleged that due to dispute with applicant No.2, mother in law, Deepali committed suicide on 25th May 2010, by pouring kerosene on her person and setting herself on fire. Deepali was admitted in Surya Hospital where her statement was recorded. Perusal of the dying declaration, which is recorded immediately after Deepali was admitted in the hospital, indicates that there are no allegations of any type against applicants No.1, 3 and 4. Though there are allegations against applicant No.2, which forced Deepali to commit suicide. Though there are allegations in the complainant as well as in the statements of the relatives of Deepali of illegal demand of dowry by all the applicants, yet the same are not supported by the deceased herself, whose dying declaration is recorded immediately after she was admitted in the hospital. Admittedly, all the applicants are arrested on 27th May 2010 and since then they are in jail. Though investigation is still in progress, yet considering the fact that no role is attributed to the applicants No.1, 3 and 4, which forced Deepali to commit suicide, case is made out to enlarge applicants No.1, 3 and 4 on bail. 5. In the result, the application is partly allowed. The application of applicant No.2 Alkabai, is rejected as not pressed. The application of applicants No.1, 3 and 4 is hereby allowed. The applicants No.1, 3 and 4 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. The applicants are directed not to contact or {4} tamper with the prosecution witnesses. Accordingly, the application stands dispose of. [A.V.POTDAR, J.] drp/B10/criapln2269-10