(1) CRI.APP. 3887.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3887 OF 2010 Sahebrao Mahadu Patil Age : 60 years, Occu.: Agri., R/o : Boris, Tq. and Dist. Dhule .. Applicant VERSUS The State of Maharashtra (Copy served on the Public Prosecutor, High Court Bench at Aurangabad) .. Respondent ... Mr. Joydeep Chatterji, Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 14TH OCTOBER, 2010 ORAL ORDER:- 1. This is an Application for bail. 2. The applicant is father-in-law of deceased Deepali. 3. Heard learned counsel for the applicant and learned APP. 4. I have gone through the investigation papers, which were temporarily made available during course of hearing of the applications. (2) CRI.APP. 3887.2010 5. It appears that deceased Deepali was married to Pappu alias Balwant, on 11th April, 2009. She delivered a female child on 1st April, 2010. At the time of alleged incident, the female child, by name Raksha, was hardly of three (3) months age. It is explicit that on 31st July, 2010, deceased Deepali committed suicide after administering poisonous substance to her minor female child i.e. Raksha. Both of them died due to poisoning. They were rushed to Civil Hospital, but were declared dead in the same noon. 6. The material gathered during the investigation prima facie purports to show that deceased Deepali used to inform her parents that she was being subjected to matrimonial cruelty on account of non-compliance of unlawful demand made by the applicant. They were asking her to fetch Rs.two (2) lacs from her parents. It appears prima facie from Police statements of Smt. Nirona Gangadhar Patil and her son Prashant that such unlawful demand was being made by the applicant. Their version shows that (3) CRI.APP. 3887.2010 deceased Deppali was being beaten up and she used to narrate her plight to them. It appears from version of Prashant that he had gone to house of the applicant after receiving information about the ill- treatment given to her. He was not, however, allowed to intervene and was ousted from the house. 7. Though the applicant was made available for custodial interrogation and the investigation has taken a leap forward after his arrest, nothing in particular is gathered to infer that only the applicant was the person indulged in the alleged matrimonial cruelty meted out to deceased Deepali. The applicant is an agriculturist. He is not likely to flee from justice. Most of the witnesses are the maternal relatives of deceased Deepali. The witnesses from the neighbourhood of the applicant have not supported the allegations about his complicity in the context of the alleged matrimonial cruelty meted out to deceased Deepali. It no doubt appears that deceased Deepali committed the suicide by consuming some poisonous substance and also caused death of the infant female child by administering (4) CRI.APP. 3887.2010 poison to her. The investigation papers, however, do not spell out any particular contributory act of the applicant which can be ascribed as cause of the alleged suicide. In this view of the matter, the applicant deserves liberty during the period of trial. 8. In the result, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety bond in the like sum to the satisfaction of Court of Sessions, and on further condition that he shall not contact any of the prosecution witness and shall make no attempt to tamper with the evidence of the prosecution. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp