(1) CRI.APP. 3795.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3795 OF 2010 Sumanbai Gahininath Wagh, Age : 50 years, Occu.: Agri., R/o : Nandurnimba Daitya, Tq. Pathardi, Dist. Ahmednagar .. Applicant VERSUS The State of Maharashtra (Copy served on the Public Prosecutor, High Court, Bench at Aurangabad) .. Respondent ... Mr. Joydeep Chatterji, Advocate for the Applicant Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 28TH SEPTEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicant is seeking bail in connection with crime no. I-325 of 2010 registered at Pathardi Police Station for offences under section 302, 323, 498-A, 504 and 506 r/w. 34 of the Indian Penal Code. 2. Heard learned Advocate for the applicant and learned APP. (2) CRI.APP. 3795.2010 3. Perusal of the investigation papers prima facie indicates that there was no electricity meter available in the house of main accused i.e. Babasaheb Wagh. It appears that illegally he had obtained electricity connection by placing a hook on the electricity wire line. The incident occurred after seven years of the marriage. The investigation papers prima facie indicates that husband of deceased Anita used to threaten threaten her. On 30.8.2010, she died due to electrocution in the matrimonial home. 4. Sofar as the applicant is concerned, it appears that there are general allegations made against her about the matrimonial cruelty meted out to deceased Anita. The minor daughter of deceased Anita was also injured as she had received electricity shocks when she tried to help the mother. The investigation papers do not prima facie indicate presence of the applicant in the proximity of the place where the electrocution did occur in the (3) CRI.APP. 3795.2010 relevant morning and there appears no eye witness account to implicate her as author of the electric shock received by the deceased. The statement of Dinkar Garje prima facie shows that husband of deceased Anita was addicted to liquor drinking and used to quarrel with her. He is a neighbour and does not say anything about specific overt acts of the applicant in the context of alleged matrimonial cruelty meted out to deceased Anita. 5. The material on record does not spell out any particular overt act of the applicant in the context of the incident which caused death of Smt. Anita. Moreover, the applicant is a middle aged woman. She is entitled to protective discrimination available under proviso appended to section 437 of the Code of Criminal Procedure being a woman. Hence, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in the sum of Rs.20,000/- (Rs. Twenty Thousand) with one solvent surety bond to the satisfaction of the Court of Sessions and on condition that she will (4) CRI.APP. 3795.2010 not contact any of the prosecution witness and moreover will attend the concerned Police Station for period of four weeks on each Sunday between 10.00 am. to 2.00 pm. for the purpose of interrogation. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp