(1) CRI. APLN. 4971.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4971 OF 2010 Yeshwant Eknath Vyavhare Age : 30 years, Occu.: Photography R/o Loni, Tq. Rahata At present R/o Arangaon Tq. and District : Ahmednagar Applicant VERSUS The State of Maharashtra Through Nagar Taluke Police Station, Ahmednagar Respondent ..... Mr. Sandeep S. Deshmukh, Advocate h/f. Mr.H.V. Dhage, Advocate for the Applicant. Mr. N.H. Borade, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 22ND DECEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. The applicant is husband of deceased-Manisha alias Minakshi. Their marriage was performed on 9.5.2004. The deceased has left two minor daughters. It is alleged that due to her inability to procure a male child, she was being troubled and harassed by the applicant and his relatives while she was residing with them in the matrimonial home. She used to ventilate the (2) CRI. APLN. 4971.2010 grievances to her parents. Her dead body was found floating in a well on 21.10.2010. She died of drowning in the water. 2. Having heard learned Advocate for the applicant and learned A.P.P. and perusal of the investigation papers, it transpires that deceased- Manisha was suffering from mental disorder. The FIR itself shows that for about couple of years she was treated in a private hospital of Dr. Sunil Umde at Shrirampur. The FIR is lodged by her father. It is stated that deceased-Manisha was being well treated for about one year after the discharge from the mental hospital but the trouble was continued by the applicant and his mother. 3. The investigation is almost over. There is no independent account of the neighbours of the applicant or persons residing in the vicinity of the matrimonial home, to show that the deceased was being ill-treated or harassed for the reason that she could not deliver a male child. It is important to notice that the incident of her death did occur after about six years of the marriage and in the meanwhile, for (3) CRI. APLN. 4971.2010 about couple of years she was under the medical treatment due to psychological problems. Thereafter since about a year prior to the incident, she was under the medical treatment as outdoor patient. Needless to say there is some room to infer that Manisha was mentally imbalanced and might have committed the suicide under the spell of schizophrenic condition. 4. For the reasons aforestated, the applicant deserves liberty. Hence, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs.20,000/- (Rs.Twenty Thousand) with solvent surety bond in the like sum 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. Sd/- [V. R. KINGAONKAR, J.] arp