IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 161/2008 [Vilas Shriram Ingle and 2 others vs. State of Mah. ] -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 4 th FEBRUARY, 2008. Heard Shri N.B.Kalwaghe, Advocate, for the applicant and Shri Thakare, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicants are being prosecuted for the offence under Sections 304-B, 306, 498-A r/w Section 34 of the I.P.C. arising out of Crime No. 74 of 2007 of Police Station Dhad. It is stated that the matter is fixed for hearing on charge on 15.02.2008. On going through the material which is available on record, I am of the opinion that there are some grounds to hold that applicant no. 1 Vilas, who is husband of the deceased, can be held liable for the offence punishable under Section 306 r/w 498-A r/w 34 of the I.P.C. I do not think that there is sufficient material on record for refusing bail to applicant Nos. 2 & 3, who are respectively brother & father of applicant No.1. It cannot be lost sight of the fact that deceased had committed suicide within a period of about six months from the marriage. No doubt, it is the contention of the learned counsel for the applicant that the marriage of the deceased with applicant no. 1 was performed against her will. In my opinion, that fact by itself cannot lead to the inference of no guilt on the part of applicant no.1 – husband. Of course, these observations are in prima facie view of the matter, but then in conclusion, the applicant no.1 would not be entitled for bail whereas applicant nos. 2 & 3 would be entitled for bail. Hence, applicant Nos. 2 & 3 be released on bail on furnishing surety and P.R.Bond of Rs. 15,000/- each. Bail in lower Court. The application of applicant no.1 is rejected, however, with a liberty to move for bail if the trial does not conclude within a period of three months from 15.02.2008. Inform lower Court. Hamdast granted. Application disposed of. JUDGE Rvjalit