( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4114 OF 2010 Bajirao Baburao Gayke and others APPLICANTS VERSUS The State of Maharashtra RESPONDENT .... Mr. Joydeep Chatterji, advocate for the applicants. Mr. N.H. Borade, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 12th October, 2010] PER COURT : 1. Heard learned advocate for the applicants. 2. The application seeking anticipatory bail is filed by parents and other relatives of husband of deceased Asha. 3. Perusal of the FIR purports to show that the marriage of deceased Asha with Deepak, who is the son of the applicant No. 1 and applicant No. 2, was performed on 15th May, 2010. It appears that an amount of Rs. 50,000/- was agreed as dowry and half of such amount was paid at the time of marriage whereas the half of the amount had remained unpaid. The FIR purports to show that after about one (1) ( 2 ) month of the marriage, all the applicants and husband of deceased Asha insisted that she shall fetch remaining dowry amount of Rs. 25,000/- from her parents. It is alleged that they use to abuse and threaten her. At a times, she was kept starved. The FIR itself shows that the applicants and husband of deceased Asha had ousted her from the matrimonial home after about one (1) month of the marriage due to non- fulfillment of the demand for remaining dowry amount which was unpaid. Her father took her after a couple of days to house of the applicants and pleaded with them to give some time for payment of remaining amount. He also urged them not to illtreat her. However, after 15 days, again, she was beaten up and expelled from the matrimonial home. After a short stay, she was again reached to the house of the applicants and her husband. Thereafter, on 24-09-2010, at about 6 a.m., brother-in-law of deceased Asha informed on phone that she was missing from the house. On third day of her missing, the dead-body of Asha was found floating in a well situated in Chitalwadi village. 4. It is argued that the applicants are roped in without any substantial reason and on account of suspicion. It is also argued that the applicants No. 4 and 5 are residing ( 3 ) separately and have no concern with the alleged payment. 5. The question is whether extraordinary discretion needs to be exercised in favour of the applicants only because they claimed to be innocent. At this juncture, it is important to notice that the death of young and inexperienced rustic married girl occurred within period of four (4) months of the marriage. In the meanwhile, during such short span of the married-life, on two (2) occasions, she had been to house of her parents due to the compulsive ouster on account of non- fulfillment of the unlawful demand. These are tale-telling circumstances. The applicants are named in the FIR by father of the deceased, as persons who contributed to the criminal matrimonial cruelty. Under the circumstances, I do not find any substance in the application and as such, it is dismissed. 6. The observations in this order be not considered in any other matter, which is required to be decided on its merits. [V.R. KINGAONKAR] JUDGE NPJ/criapln4114-10 ( 4 )