1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1922 OF 2010 1. Sanchitrao S/o.Bhimrao Thote, Age-65 years, Occu-Agriculture, R/o.Chatrapati Nagar, Aurangabad. 2. Sakhubai W/o.Sanchitrao Thote, Age-60 years, Occu-Household, R/o. As above. 3. Sau.Rajshree Ajabrao Sapkal, Age-40 years, Occu-Household, R/o. As above. 4. Ajabrao S/o.Panjabrao Sapkal, Age-40 years, Occu- Nil, r/o. As above. 5. Sau.Jaishri Tukaram Ghode, Age-22 years, Occu-Household, R/o. As above. 6. Tukaram S/o.Vishnu Ghode, Age-27 years, Occu-Agriculturist, R/o. As above APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.N.S.Ghanekar, learned counsel for applicants. Mr.S.G.Nandedkar, learned APP for respondent. CORAM : A.V.POTDAR, J. DATE : 09/06/2010 2 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 55/2010, registered in Begumpura Police Station, in which these applicants came to be arrested on 27/04/2010. 2. Heard learned counsel for applicants, and learned APP for State. Also perused the papers of investigation. 3. It is not under dispute that the marriage of deceased with Manish took place in the year 2005. Applicant no.3 got married to applicant no.4, 15 years back, while applicant no.5 got married to applicant no.6 about 4 years back. Even though, it is alleged that these married daughters alongwith their husbands resides with applicant no.1 and 2, it can not be believed. 4. It is the allegation in the complaint that there was demand of Rs.1,00,000/- to start a book stall at the hands of husband of deceased Ranjana immediately within 6 months after marriage. There are allegations that in the month of April 2006, Rs.30,000/- were paid to Manish. At the time of marriage of applicant no.5, there was also illegal demand of Rs.50,000/-, and at that time, Rs. 30,000/- were paid. It is alleged that due to this harassment, deceased went to reside at the parents house somewhere in the year October 2009 and was brought back by her husband on the assurance that she will be treated properly. On 25/04/2010, 3 complaint of missing of Ranjana was lodged and on 26/04/2010, dead body of Ranjana was found in the well, which fact was intimated to the parents of deceased and then the present complaint came to be lodged on 26/04/2010, wherein the applicants came to be arrested on 27/04/2010. 5. According to the counsel for complainant, so far as applicant no.1 and 2 are concerned, there are no direct allegations, but the allegations in the complaint are vague. So far as allegations against the husband are concerned, here he is not a party to the petition. So far as applicants no.3 to 6 are concerned, even though there are statement of the neighbourers, those statements do not reflect that there was any illegal demand at the hands of applicants. In the premise, considering the period of custody the applicants have undergone, he claimed that applicants be released on bail. 6. Application is opposed by the learned APP on the basis of statement of neighbourers recorded, which according to him discloses that there was harassment to deceased Ranjana at the hands of these applicants. 7. Considering these submissions across the bar and on perusal of statement of the neighbourers, it reveals that these statements nowhere discloses that there was any illegal demand as alleged in the complaint at the hands of these applicants. No doubt that the statement discloses that there was some harassment to deceased, 4 but on the count of household work and not on the count of illegal demand. Considering these facts and the period the applicants have undergone, the application needs to be allowed, hence order : O R D E R 1. Application is allowed. 2. All the applicants be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing the PR bond in the like amount. 3. After released on bail, applicants not to contact with the prosecution witnesses. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1922-10