1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4527 OF 2009 1. Devanand S/o.Pavalas Patole, Age-52 years, Occu-Service R/o.Modikhana, Tq. And Dist. Jalna 2. Chandu S/o.Ramesh Patole, Age-32 years, Occu-Govt. Service, R/o.Golapangari, Tq. And Dist. Jalna. APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.B.V.Shirwadkar, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 27/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.191/2009, registered in Badnapur Police Station of Dist. Jalna for the alleged offence punishable u/s. 498-A, 306, 323, 504, 506 r/w. 34 of IPC and under certain other offences. 2. Heard learned counsel appearing for the applicants followed by 2 the submissions of learned APP appearing for State. Also perused the papers of investigation till carried out. It appears that the said offence came to be registered about the alleged incident occurred on 13th November 2009 at village Valha and the incident is that the daughter of the complainant by name Mina Raju Patole committed suicide by jumping in the well and while saving her, her father in law also expired by droning in the well. The allegations in the FIR that the Mina committed suicide due to the reason that her parents could not satisfy the demand of dowry made at the hands of her husband and in laws. At the time of submissions across the bar, documents are produced showing that both the applicants were not residing at the place where the incident occurred, then no question arise that they abated or instigated the victim to commit suicide as required u/s. 107 of Cr.P.C. 3. Perusal of the papers of investigation till carried out shows that there are sweeping and vague allegations against these applicants and it did not transpired from the statement of the witnesses or from the complaint that at the material time, these applicants were present at the spot or in the village where the victim committed suicide. If it is so, case is made out to use the discretion u/s. 438 of The Cr.P.C. Hence the application require following order : O R D E R 1. Application is allowed. 2. The interim protection granted to the applicants on 01/01/2010 to continue till filing of the charge sheet. 3 3. Applicants may apply for regular bail after the charge sheet is filed in the competent court of law. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4527-09