{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4098 OF 2009 1. Chandrashekhar s/o Bapurao Biradar Age-29 years, Occ-Business 2. Rajnarayan s/o Bapurao Biradar Age-37 years, Occ-Business 3. Vikram s/o Bapurao Biradar Age-32 years, Occ-Agriculture All R/o Daithana Tq-Udgir, Dist-Latur APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mrs.S.S.Jadhav, Advocate for applicants Mr.N.B.Patil, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 4 th December 2009 PER COURT: 1. By the present application, the applicants have prayed to release them on bail in connection with CR No.110/2009 registered with Ahmedpur police station for an offence punishable {2} u/s 498-A, 306, 506 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicant, followed by the submissions of learned APP. 3. It appears that the alleged incident occurred on 24.06.2009 that too in the house of the parents of the victim which is situated at Bhutekar wadi Ahmedpur taluka while the applicants are residents of Daithan, Tq-Udgir. My attention is drawn to the allegations made in the complaint wherein it is alleged that about four months prior to the alleged incident the victim was residing with her parents. It is alleged in the compliant that due to instigation from applicant No.1 on the phone of the uncle of the victim, she has committed suicide on 24.06.2009. It is urged that no investigation is carried out into the aspect as to whether really the applicant has given the phone call or not by collecting record from the service provider. It is also urged that the applicants are behind the bar since 06.07.2009 and now the investigation is also complete and hence the applicants may be released on bail. 4. The application is opposed by the learned APP on the ground that the victim was residing with her parents, which itself go to show that she was harassed by her husband and in laws. It is urged that the reason behind her committing suicide is the phone call given by the applicant No.1. Hence, it is prayed to reject the {3} application. 5. Considering the submissions, it is clear that the incident occurred in the house of parents of the victim, which cannot be easily discarded or disbelieved. The incident occurred in the premises of the parents of the victim, in the premise, to held the applicants responsible for an offence punishable u/s 306 for the instigation then there shall be compliance of ingredients of section 107 also. Now a days the technology is so developed that the calls made from phones can be easily traced, which is not done by the investigating agency and now the investigation is over, however the nexus between the phone call and suicide could not be established and hence there is no propriety in keeping the applicants behind the bar. 6. In the result, the application is allowed. The applicants be released on bail on their furnishing surety in the sum of Rs. 15,000/- each and on executing PR bonds in the like amount. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln4098-09