{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 347 OF 2010 Anil Bhimrao Payal Age-39 years, Occ-Service R/o Jiveshwar Hsg.Society Plot No.6, Behind Sakhare Mangal Karyalaya, Aurangabad, APPLICANT VERSUS The State of Maharashtra Through the Police Inspector, Jinsi Police Station RESPONDENT ....... Mr. M.A.Tandale, Advocate for applicant Mr. N.R.Shaikh, APP for respondent State Mr.M.A.Manjarmkar, Advocate for original complainant ....... [CORAM : A.V.POTDAR, J.] DATE: 18th February 2010 PER COURT: 1. By this application the applicant has prayed to release him on bail in connection with CR No.86/2009 registered with Jinsi police station for an offence punishable u/s 498-A, 306 r/w 34 of the Indian Penal Code. {2} 2. Heard learned counsel for the applicant and learned APP, who is assisted by learned counsel for original complainant. Also perused the papers of investigation carried out till today. 3. It appears that the said offence is registered on the basis of complaint lodged by one Hari Randive on 18.07.2009 after the demise of Mandakini. It is alleged in the complaint that deceased Mandakini was admitted in the hospital and she expired there on 09.07.2009. It is alleged that due to harassment of the deceased at the hands of the applicant and his family members, she committed suicide by consuming poisonous substance. Applicant is arrested on 27.12.2009 and since then he is in jail, as his earlier attempts for release on bail could not succeed and hence the present application. 4. Admittedly, marriage of applicant with deceased Mandakini was performed on 29.06.1997. It is not disputed that deceased Mandakini was unable to conceive and hence she was undergoing medical treatment. It is alleged that the deceased has taken excessive dose of pills. Admittedly, the applicant was not present at the spot of incident at the relevant time. At the relevant time niece of the deceased was present at the spot. Her statement discloses that after the applicant went outside the house, as the deceased had severe pain in her abdomen, she consumed some medicines and later on when the pain became unbearable, she was taken to the hospital, where she expired. {3} 5. At this juncture, as urged, it requires to consider the opinion in respect of cause of death expressed by the medical officer, who had examined the deceased and has also conducted the Postmortem. It is opined by the medical officer, in a letter addressed to the Investigation Officer, dated 22.01.2010, that the death of deceased Mandakini is caused due to hemorrhage shock, which may cause in natural course also. That means, at least at this stage, it cannot be positively inferred that the death of the deceased Mandakini is unnatural and if it is so, the offence, which is registered u/s 306 of the IPC, prima facie does not sustain. 6. In the statement of the witness it is revealed that there was some demand at the hands of the applicant and his family members. Whether in reality there was any demand or not can be considered at the time of trial. However, there is no evidence on record to infer that due to the said demand the deceased has committed suicide. It is alleged on behalf of original complainant that the applicant has illicit relations with one woman and out of the said relations one child is born. However, the possibility that because of the same the deceased has committed suicide is ruled out by the medical report. At the most the offence alleged against the applicant would be an offence u/s 498-A and the same can be tried after filing of charge sheet, during the trial. Considering the turn of the case due to the letter addressed by the Medical Officer to the Investigating Officer, case is made out to enlarge the {4} applicant on bail, however, by imposing certain conditions. 7. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount. Applicant is directed not to contact the prosecution witnesses. [A.V.POTDAR, J.] drp/A10/criapln347-10