1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2596 OF 2010 1. Rohidas S/o.Rama Chavan, Age-67 years, Occu-Labour, R/o.Tukai Tanda, Saikheda, Tq.Sonpeth, Dist. Parbhani 2. Anita W/o.Vijay Chavan, Age-28 years, Occu-Labour, R/o.At present Tukai Tanda, Saikheda, Tq.Sonpeth, Dist.Parbhani 3. Janabai D/o.Rama Chavan, Age-18 years, Occu-Education, R/o.Kali Mati Tanda, Ghatangra Area, Tq.Gangakhed, Dist. Parbhani APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.S.T.Veer, learned counsel for applicants. Mr.K.S.Patil, learned APP for State Mr.A.S.Londhe, learned counsel for original complainant. CORAM : A.V.POTDAR, J. DATE : 27/07/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.32/2010 registered in Pimpaldari 2 Police Station of Dist. Parbhani. 2. Heard learned counsel for applicants, learned APP for State, and learned counsel for original complainant. Perused the papers of investigation till carried out. 3. Admittedly, applicant no.1 is the brother of father in law of deceased Kavita, applicant no.2 is the co-sister and applicant no.3 is the sister in law of deceased Kavita. It is contended across the bar that the marriage of Kavita was solmnised with Kailas on 06/05/2009. There are allegations in the complaint that deceased Kavita was treated properly initially for 4 months, and thereafter her husband and her in laws started harassing her on the count of their illegal demand to purchase Auto and she was not performing household work properly. Due to this harassment, application was moved before the Woman’s Redressal Forum at Parbhani, on 05/05/2010. It is to be noted that the first applicant is residing at the distance of 60 kms. away from the place of alleged incident. It is also contended that at the material time, the second applicant had delivered a child in the Maternity Home at Gangakhed on 05/05/2010. It may be a co-incident that on the same day, the complaint was lodged by the complainant about harassment to deceased Kavita with the Women’s Redressal Forum at Parbhani where the matter was settled between the parties. The 3rd applicant was taking education at Rani Sawargan, Tal.Gangakhed. 3 4. The complaint further discloses that the alleged incident took place on 24/05/2010 as it is alleged that on that day, Kavita committed suicide by jumping in the well for which offence was registered on 25/05/2010. 5. On perusal of the entire complaint as well as the papers of investigation, it nowhere states that soon before the act of committal of suicide by Kavita, there was any harassment on the part of these applicants, which in legal term called as, “instigation to commit suicide”. FIR is silent about the instigation at the hands of these applicants. In this scenario, even if the application is opposed by the learned counsel for original complainant, there are no specific allegations against these applicants about the instigation to Kavita to commit suicide. In the result, the application needs to be allowed, hence order - O R D E R 1. Application is allowed. 2. Applicants be released on bail, in the event of their arrest in connection with CR No.32/2010, registered in Pimpaldari Police Station, of Dist. Parbhani, on their furnishing surety in the sum of Rs.10,000/- each and on executing PR bonds in the like amount. This protection is granted till filing of the charge sheet. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/criappl2596-10