appln-3179-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3179 of 2010 (FOR ANTICIPATORY BAIL) Smt Gayatri Bipin Tripathi .. Applicant. vs. State of Maharashtra .. Respondent. Mr B. B. Tiwari, for the Applicant. Mr S. N. Gawade, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 16TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application preferred by the applicant for anticipatory bail in connection with C.R. No. 4/2010 registered by Cuffe Parade Police Station, Mumbai for the offence punishable under Sections 498-A, 306, read with Section 34 of I.P. Code. 2. Reportedly, co-accused, i.e. husband and father-in-law of the deceased were already arrested and after about 50-60 days custody they were released on bail. Present applicant is so far not arrested, as earlier she was appln-3179-10 protected by the Sessions Court by interim order of anticipatory bail. 3. Marriage of present victim was performed some where in May, 2001 with the co-accused, son of the present applicant. Since beginning, even prior to the marriage there were allegations as to demand of certain amount and a two wheeler from the in-laws by the son of the present applicant. Certain such demands were fulfilled and marriage was performed in the year 2001. Intermittently, during ten years of married life there used to be certain quarrels and demands of some amount and at times the deceased was not given food. Harassment was caused to her by the present applicant being mother-in-law and also by the co-accused husband and father-in-law. Out of the wedlock two sons were born and they are of young age. On the date of the incident i.e. on or about 5th January, 2010 deceased committed suicide by hanging herself to the ceiling fan at their residence at Navy Nagar. On the date of the incident co-accused were out of the house for their respective job whereas present applicant being a old lady of 55 years was at home along with two small kids. Admittedly, after entering another room the deceased committed suicide on account of ill-treatment and torture. 4. During the arguments learned Advocate for the applicant submitted that it is not a case in which the custodial interrogation of the present applicant is warranted, even, if the allegations against her as to isolated events of ill-treatment and torture are accepted. It is further argued that the other co-accused were already released on bail after their substantial custody. As against the arguments on behalf of the applicant, the learned A.P.P. brought to the notice of the Court two inland letters alleging similar such allegations as mentioned in the complaint and submitted that these letters were sent by the deceased to her parents. Admittedly, appln-3179-10 in the present matter there is no any suicide note. Still considering the allegations against the present applicant, the arguments advanced on her behalf are required to be accepted inasmuch as her custodial interrogation is not warranted. In the result, the following order:- ORDER: (a) Anticipatory bail application is allowed. (b) In the event of arrest of the applicant Smt Gayatri Bipin Tripathi, in C.R. No.4/2010 registered with Cuffe Parade, Police Station, Mumbai, shall be released on bail on executing a P.R. bond in the sum of Rs.15,000/- with one surety in the like amount . (c) The present order shall be effective till filing of the charge- sheet and one week thereafter. (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)