( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4033 OF 2010 Shivraj s/o. Prabhakar Kale .. Applicant Age. 32 years, Occ. Agriculture, R/o. Shelgaon (Mahavishnu) Tq. Gangakhed, Dist. Parbhani. Versus The State of Maharashtra .. Respondent Miss V.B. Deshmukh h/f. Mr. V.D. Salunke, Advocate for the applicant. Mr. N.H. Borade, A.P.P. for respondent/State. CORAM : V.R. KINGAONKAR,J. DATED : 19.10.2010 P.C. :- 1. This is an application for bail. The applicant is husband of deceased Smt.Sushila. The marriage was performed between the applicant and deceased Sushila on 21st April, 2007. She was residing with the applicant and his family members after the marriage. The F.I.R. purports to show that an amount of Rs. 10,000/- was due to be paid towards dowry. The applicant and his relatives, however, used to demand the remaining dowry amount after about eight months of the ( 2 ) marriage and used to abuse the deceased. They used to tell her that she was of black complexion. They used to trouble her. She had narrated about the matrimonial cruelty to her parents. She committed suicide in the matrimonial home on 14th September, 2010 by hanging herself in the house. It is alleged that a day before the incident she had informed her nephew – Prabhakar Bavale that she was being excessively troubled by the husband and his relatives and therefore she shall be taken away from their house. 2. Heard Miss V.B. Deshmukh h/f. Mr. V.D. Salunke for the applicant and learned A.P.P. Mr. Borade. Perused the investigation papers. 3. There cannot be two opinions about the fact that deceased Sushila died within a period of seven years of the marriage and that her death occurred under unnatural circumstances in the matrimonial home. The clinching question is – whether it is, prima facie, proved that soon before her death she was subjected to matrimonial cruelty and therefore presumption about the death being of a dowry death, as contemplated under Section 304-B of the Indian Penal Code, ( 3 ) can be raised. There is a police statement of nephew of the deceased about the grievances made by her on earlier day of the incident. That information, however, is of general character. The deceased was not blessed with a child. She was of black complexion. The police statement of Madhav Darekar shows that remaining dowry amount of Rs. 10,000/- was agreed to be paid at the time of obtaining soybean crop. He states that he does not know whether the deceased was being troubled in the house by the applicant and his relatives. It appears that similar statements are tendered by Balasaheb Kale and other witnesses. The neighbouring witnesses do not subscribe to the prosecution case as regards continuous and improbable trouble given to Sushila on account of non- fulfillment of the unlawful demand for the remaining dowry amount. 4. There is hardly any material evidence to show that soon before her death Sushila was being subjected to matrimonial cruelty at the hands of the applicant. It appears from the allegations made in the F.I.R. that deceased Sushila was not blessed with a child and was of black complexion. She was probably depressed due to taunts given ( 4 ) by the applicant and his relatives. The investigation is almost completed. Considering the vague allegations about the matrimonial cruelty, the applicant deserves liberty. 5. In the result, the application is allowed. The applicant is directed to be released on bail on furnishing of the bail bonds in sum of Rs.20,000/- (Rupees Twenty Thousand Only) with a solvent surety bond to the satisfaction of the Court of Sessions. He shall also give an undertaking before the Court of Sessions that he will not make any attempt to tamper with the prosecution evidence and will make himself available during the course of investigation as and when called for. 6. The Criminal Application is accordingly allowed and disposed of. [V.R. KINGAONKAR,J.] snk/2010/OCT10/cria4033.10