1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.1112 of 2010 [Arvind M. Khandar Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.P. Kariya, Adv., for the applicant. Mr. C.N. Adgokar, APP for respondent. Mr. P.W. Mirza, Adv., for assisting the prosecution. ---- CORAM : A.H. JOSHI, J. DATE : 05th August, 2010. 01. This is an application for anticipatory bail. 02. Heard learned Adv. Mr. M.P. Kariya for the applicant, learned APP Mr. C.N. Adgokar for respondent and learned Adv. Mr. P.W. Mirza for assisting the prosecution, and perused the case diary. 03. It is a case where deceased Priti committed suicide by consuming poison in front of the house of the accused. The deceased had left a suicide note which discloses frustration on her part due to act of the present applicant 2 keeping physical relations with deceased Priti, but refusing to marry her. 04. According to respondent, even previously, Priti had made an attempt to commit suicide. 05. For opposing the application, learned Adv. Mr. P.W. Mirza assisting the prosecution relied upon the Judgment of this Court in case of Devesh Dattabhau Pathrikar & ors. Vs. State of Mah. [2010 ALL MR (Cri) 1731], to argue that even for forbearance, willful act of omission may amount to instigation. 06. This Court Court has perused the Judgment relied upon by learned Adv. Mr. P.W. Mirza. 07. It is seen that in order to argue his case, learned Adv. Mr. Mirza is exerting to read the observations contained in the said Judgment partly in dis-juncture with the rest. Acts on the part of accused intended to provoke or incite the urge or instigate the deceased to commit suicide have to be shown to exist imperatively. 08. Perusal of case diary does not reveal any evidence attributable to the accused person as to how his act of instigation drove Priti to commit suicide. 3 09. On facts, prima facie, no instigation on the part of the accused is seen. The applicant is, therefore, entitled to the protection of grant of anticipatory bail, as, at this stage, it may not be possible to conclude that the applicant may be guilty of offence charged. 10. In the event of arrest in connection with Crime No. 285/2010 registered with Gadge Nagar Police Station, Amravati, for offence punishable under Section 306 read with Section 34 of Indian Penal Code, the applicant be released on bail on furnishing a Personal Bond and a Solvent Surety in a sum of Rs.5,000-00 [rupees five thousand only]. Judge |Hedau|