1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3779 OF 2009 Shobhabai @ Archana Umesh Patil APPLICANT VERSUS The State of Maharashtra and another RESPONDENTS Mr.C.R.Deshpande, learned counsel for applicant. Mr.N.B.Patil, learned APP for respondent State (CORAM : A.V.POTDAR, J.) DATE : 19/11/2009 PER COURT : 1. By the present application, the applicant has prayed for her release on bail in case of arrest in connection with CR No.191/2009, registered in Dhule Town Police Station for an offence punishable u/s. 147, 148, 149, r/w. 306 Of the IPC. 2. on the first date, when the application was moved, interim protection was granted to the applicant that in case of her arrest, she be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing PR bond in the like amount. As the notice of this application was already given to the respondent State, papers of investigation till carried out were placed in my hand for my perusal. 2 3. Heard learned counsel appearing for the applicant and learned APP appearing for the State. Perused the papers of investigation. It appears that an offence was registered vide CR No.191/2009 in Dhule Town Police Station on the complaint of one Ramesh Patil, who is the father of victim Umesh, and who is the husband of the present applicant. It is alleged that marriage of the applicant took place with victim somewhere in the year 2007. It is alleged that even if it is an arranged marriage, it is against the wishes of present applicant, and on that count, there were dispute between the victim and the present applicant. It is further alleged that after initial days, the father of applicant took her away from her matrimonial house and the father of the applicant was not ready to sent the applicant to the house of the victim, and on that point, there was some dispute between the family of the complainant i.e. the family of the victim and the family of the present applicant. It is further alleged in the complaint that the victim informed to the complainant’s father that when he had come to the residential premises of this applicant to bring her back, the family members of this applicant assaulted him and due to that he intend to commit suicide. It is further alleged that on hearing this noise, when they were going to see the victim, on the way, they received the message that the victim is found lying on the road and later on admitted in the hospital. When the complainant and his family members visited the hospital, they found the victim dead. In the premise, on the basis of this complaint, the offence was registered against the applicant and her family members as alleged. 3 4. During the course of submissions across the bar, it is urged that when an offence is registered u/s. 306 of The IPC, then for the abatement to commit the suicide, the ingredients of abatement as enumerated u/s. 107 of The IPC are required to be satisfied. Considering the entire complaint as well as the investigation till carried out, none of the ingredient of section 107 of The IPC are satisfied and if it is so, the applicant is entitled to release on bail in case of her arrest. 5. The application is opposed by learned APP on the ground that the victim has committed suicide due to harassment on the part of applicant. Considering the submissions across the bar and on perusal of papers of investigation and particularly allegations against the applicant as mentioned in the complaint and the cheats which were shown to me as collected during the investigation, nowhere it satisfy the ingredient of section 107 of The IPC to array the applicant in the offence. The case is made out to exercise the discretion. In the premise, application require following order : O R D E R 1. Application is hereby allowed. 2. Interim protection granted is hereby extended for the period of 6 weeks. Within meantime applicant may apply for regular bail. 3. Application stands disposed of in the above terms. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3779-09