1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2915 OF 2010 Alkabai @ Kachrabai Rambhau Yenare age 55 years, occ. household r/o Raitale, Tq. Parner Dist. Ahmednagar. Applicant VERSUS The State of Maharashtra Respondent Mrs. S.S. Jadhav, advocate for the applicant. Mr. P.P. More, A.P.P. for the Respondent. CORAM : A.V.POTDAR, J. DATE : 18 th August, 2010. P.C.: 1 By present application, applicant has approached this court for release on bail in connection with Crime no. 9/2010 registered in Supa Police Station, Dist. Ahmednagar for the alleged offences punishable under sections 498A, 304B, 306 r/w section 34 of the Indian Penal Code in which applicant, mother in law of victim was arrested on 27 th May, 2010. After completion of investigation, charge sheet was filed on 13 th July, 2010. As earlier application of the applicant for bail was rejected by this court, as well as after completion of the charge-sheet, her subsequent applications were 2 rejected by the lower court, now the applicant is before this court for her release on bail. 2 Heard Mrs. Jadhav, learned counsel for the applicant and Mr. More, learned APP for the State. Present applicant is the mother in law of victim Deepali. It is not under dispute that said Deepali got married with son of the applicant by name Raju on 3 rd December 2009. Son of the applicant by name Raju is serving as lecturer in one of the colleges situate at Sinhagad, Pune. Even prior to the marriage, after the settlement of marriage of Deepali with Raju, she started taking education in the college situate at Sinhagad. Even after marriage, the victim and her husband Raju were residing at work place of husband of Deepali i.e. at Pune while applicant and husband of applicant i.e. father in law of Deepali were residing at Raitale, Tq. Parner, Dist. Ahmednagar. It appears, during the summer vacation of the college on 20 th May, 2010 deceased alongwith her husband had been to Raitale. At that time as deceased showed her desire to meet her parents, she was sent to her parents house on 21 st May, 2010 from where she returned on 24 th May, 2010. At that time, mother of Deepali accompanied Deepali. It appears, on 25 th May, 2010, at Raitale at the residential premises of the applicant and others, exchange of words took 3 place between the applicant and Deepali i.e. in between mother in law and daughter in law. Due to sensitive nature of Deepali she herself set her on fire due to words used by the mother in law. Immediately, she was shifted to various hospitals including hopsital at Supa, then Jahangir hospital, then to Rubby hospital and Surya hospital. During this treatment, her statements were recorded on 25 th May, 2010 as well as 26 th May, 2010. On the basis of statements, offence came to be registered against the present applicant, son of the present applicant and husband of the present applicant. Other than the present applicant, others were already released on bail. 3 As now investigation is over and charge sheet is filed from the statement of Deepali, it is necessary to find out whether prima facie, case is made out to reject the bail application. On perusal of the statement of Deepali which is supported by the statement of one Shantabai who is also claiming to the mother in-law of Deepali, it is inferred that in the evening of 25 th May, 2010, quarrel took place between deceased and applicant on account that the applicant and others were not properly treated during the marriage, wherein there is reference about some past quarrel took place between these two. Statement of Shantabai supported the statement of Deepali which according to learned APP is a cause Deepali set herself on 4 fire. 4 Considering this piece of evidence, this court is not of the view that the words used during quarrel by the applicant towards her daughter in law amounts to demand of certain things which attributed offence under section 498A of the Indian Penal Code. Some threat was given to the victim for non-fulfillment of this demand and to suffer dark consequences. There is only reference in the statement of Deepali as well as Shantabai and others that Deepai was taunted / teased by the present applicant that during the marriage them were not properly treated. Merely on these words, if Deepali has set her on fire then it cannot be said that applicant instigated Deepali to commit suicide. As now, investigation is over, there are no chances to tamper the evidence of prosecution witnesses. Applicant being a lady and also as per record she is behind bars for about 82 days, in these circumstances, case is made out to release the applicant on bail. In view of this, application deserves following order : ORDER A Application is allowed. B Applicant be released on bail on furnishing surety for the sum of Rs. 15,000/- and on executing PR bond in the like amount. 5 C After release, applicant not to contact prosecution witnesses. D Application stands disposed of accordingly. ( A.V.POTDAR ) JUDGE dyb/criappln2915.10.odt