abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 871 OF 2008 Smt. Kamlabai Chandram Nimbargi .. Applicant V/s The State of Maharashtra .. Respondent Mr.V.V. Purwant for the applicant. Mr.S.S. Pednekar, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 25TH MARCH 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with C.R. No.54/2008 registered with Sadar Bazar Police Station, Solapur for the offence punishable under sections 306 read with 34 of the Indian Penal Code. 3. The prosecution case in short is that the son of the applicant had promised the deceased that he would marry the deceased. The promise was broken and the son - 2 - of the applicant decided to marry somebody else. On account of breach of promise and unfructified love, the deceased committed suicide. It is alleged that the son of the applicant decided to marry in breach of the promise because the applicant wanted her son to marry somebody else. 4. Learned A.P.P. was unable to point out under which clause of section 107 of the I.P.C. the case of the applicant falls, that is how does it amounts to abetment of suicide. Prima facie, there is no material to connect the applicant to the crime. Admittedly, the applicant had not given any promise of marriage, but it is the applicant’s son who is alleged to have given promise of marriage to the deceased. In the circumstances, the applicant is entitled to anticipatory bail. Hence, I pass the following order:- ORDER ORDER ORDER In the event of the arrest of the applicant in connection with the offence mentioned above, she shall be released on bail on executing personal bond of Rs.10,000/- with one surety of the like amount. It is clarified that all observations herein are merely prima facie and shall not be taken into consideration at the trial by the trial court. - 3 - (D.G. KARNIK, J.)