1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (BA) NO. 642/2011 Jairam @ Gopal Hiraman Ade..vs..State of Maharashtra thr.PSO P.S.Channi,Tq.Patur, Dist. Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. H. M. Mohta, Advocate for applicant. Mr. M. J. Khan, A.P.P. for State. CORAM : M.N.GILANI, J. DATE : DECEMBER 7, 2011. 1. The applicant, who is an accused in Crime No. 18/2011 registered with Police Station, Channi, Tq. Patur, dist. Akola seeking his release on bail pending trial. 2. On 08.03.2011 at about 11.00 a.m. one Pooja, aged about 16 years, was present in the house. The accused entered in her house and pressed her breast and thus outraged her modesty. She cried for help. Her aunt, Babita came to her rescue. The accused ran away. On the same day ashamed of the incident, Pooja poured Kerosene on her person and sustained 90% burn injuries. On 21.03.2011, she succumbed to burn injuries. 3. Her dying declaration was recorded and in that the aforesaid story came to surface. 2 4. The only question for consideration is whether the act of outraging modesty that made the victim to take extreme step of immolating herself attracts ingredients of Section 107 of the Indian Penal Code and in turn brings the case within the purview of section 306 of the Indian Penal Code. 5. In Law of Crimes, Ratanlal & Dhirajlal, revised by Justice C. K. Thakker Vol.-I, Page 461, the author quoted following passage from the decision of Madhya Pradesh High Court in Madiya alias Mahadev ..vs.. State of Madhya Pradesh, 2006 Cri. L. J. 1963. “In the instant case, two days prior to the alleged suicide by the deceased the alleged act of misbehaviour by catching hand of deceased girl and trying to outrage her modesty was committed by the accused. The girl felt very much ashamed because of the incident and feeling herself defamed ultimately she committed suicide by hanging with a rope after two days of the alleged incident. However, the court held that the accused cannot be held guilty for commission of the offence as the act of the accused does not come in any of the categories enumerated in section 107. It was held that the alleged misbehaviour may be a cause of committing suicide but would not amount to abetment to commit suicide.” 6. In that light of the matter, the application is allowed. The applicant be released on bail in Crime No. 18/2011 registered 3 with Police Station, Channi, Tq. Patur, dist. Akola for an offence punishable under Section 306, 452, 354, 451 of the Indian Penal Code on his executing PR Bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with two sureties in the like amount. The applicant-accused shall attend Police Station, Channi, Tq. Patur, Dist. Akola, as and when required by Investigating Officer. JUDGE kahale