( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3547 OF 2010 1. Madhukar s/o Tukaram Ingole, R/o Jambhrun, Tq. Kalamnuri, District Hingoli. 2. Shobhabai w/o Madhukar Ingole, R/o Jambhrun, Tq. Kalamnuri, District Hingoli. APPLICANTS VERSUS The State of Maharashtra RESPONDENT .... Mr. B.S. Kudale, advocate for the applicants. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 8th October, 2010] PER COURT : 1. The application is for bail. 2. The applicants are inlaws of deceased Sujata. The marriage between deceased Sujata and their son by name Raju was performed on 13th May, 2009. The prosecution alleges that Sujata was being ill-treated, starved and troubled by the husband and the applicants on account of non-fulfillment of ( 2 ) illegal demand of Rs. 30,000/-. She had narrated about the trouble given by the husband and the applicants to her. The FIR purports to show that on one occasion, her husband Raju had beaten up her by means of a stick of Gawar (pod) plant. A couple of days before the incident, her father received telephonic communication from the deceased to the effect that the members of family of the husband were giving trouble and she was being physically tortured and, therefore, she shall be taken away to the parents' house. On 10th August, 2010, he received a telephonic message of his son that Sujata had gone out since morning. He learnt lateron that her dead-body was found in a well in the outskirts of village Jambhurn. Her father went to the village. The dead-body of Sujata was taken out of the well. He inquired with the villagers as to what had happened. The villagers told him that she had gone to the well for washing clothes. He, however, inferred that due to the matrimonial cruelty, she had committed suicide by jumping in the well. Hence, he lodged the FIR. 3. On perusal of the investigation papers, it appears that the incident occurred in the rainy season and the well was not constructed one. The well is situated in the ( 3 ) agricultural land of Dattarao Khandekar. It was also noticed by the parents and the police that the well was filled upto the ground level. There was a basket containing clothes and there was also one washing soap cake found near the place. The circumstances found at the place of the incident prima facie indicate that deceased Sujata might have gone to the well with the clothes for washing and the death could be result of her accidental fall in the well. The FIR also shows that immediate disclosure made by the villagers was that she had gone to well for washing of clothes. The learned APP points from the inquest panchanama that there was injury on right thigh of the deceased. So far, the nature of injury is not clear in as much as the post-mortem notes are not available. The statements of the relatives of the informant appear to be omnibus and there are general allegations about the matrimonial cruelty meted out to deceased Sujata. 4. Considering the material gathered during course of investigation and the fact that both the applicants are arrested on 10th August, 2010 and no recovery is to be made from them, both of them deserve liberty. The application is, therefore, allowed. The applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs. 15,000/- ( 4 ) (rupees fifteen thousand), each, alongwith a solvent surety bond in the like sum, to the satisfaction of the Court of Sessions. 5. The observations made in this order be not considered in any other matter to be decided on merits. [V.R. KINGAONKAR] JUDGE NPJ/criapln3547-10