1 Cri.A.2820.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2820 OF 2011 Shaikh Zakir Shaikh Karim R/o Millat Nagar, Faizpur, Tq. Yawal, District Jalgaon. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENT. WITH CRIMINAL APPLICATION NO. 2684 OF 2011 1. Smt. Zaibunisa Shaikh Karim 2. Mumtazbi Shaikh Haroon, R/o Millat Nagar, Faizpur, Tq. Yawal, District Jalgaon. ...APPLICANTS. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri.Joydeep Chatterji,Advocate for Applicants. Shri.G.R.Ingole, A.P.P. for Respondent. Shri.P.S.Gaikwad, Advocate for original complainant-to assist APP. ... CORAM: T.V.NALAWADE, J. DATE : 13TH JULY, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No. 67 of 2 Cri.A.2820.11 2011 registered in Faizpur Police Station, District Jalgaon, for the offence punishable under Sections 306, 498-A, 323, 504 read with section 34 of the Indian Penal Code. Papers of investigation were made available by APP. Advocate Shri P. S. Gaikwad is allowed to assist APP. Both sides are heard. 2. Crime is registered on the basis of report given by father of the deceased. Applicant in Criminal Application No. 2820 of 2011 is brother -in-law of the deceased. Applicant NO.1 from Criminal Application No. 2684 of 2011 is mother-in-law of the deceased and applicant No.2 from said proceeding is sister-in-law of the deceased. Father of the deceased had made allegations that husband of the deceased was not doing any work and was asking the deceased to bring money from her parents. He has contended that her husband forced her to bring money from her parents and her husband and relatives were giving beating to the deceased. Allegations are made that in the month of January, 2011 he gave Rs. 1,00,000/- to the husband of the deceased, in presence of the relatives of the husband, which includes present applicants. In spite of that ill-treatment was not stopped. He has contended that husband was demanding amount of Rs. 1,00,000/- more and for that he gave ill-treatment to the deceased. Husband had also given threat to the deceased to drive her from matrimonial house. It is case 3 Cri.A.2820.11 of the complainant that due to this ill-treatment his daughter got frustrated and ultimately on 11.06.2011 committed suicide. P.M. Report shows that death took place due to hanging in the house of the husband. 4. Advocate for the applicants submitted that mother of the husband was living with other son. He has produced copy of Ration Card issued to Zakirhussain and it shows that Smt. Zaibunissa Shaikh Karim, mother of the husband of the deceased was living with Zakirhussain. Advocate submitted that applicant NO.2 from second proceeding was given in marriage many years prior to the incident and she is cohabiting with her husband at her matrimonial home. He has produced copy of Ration Card issued to Shaikh Haroon to show that the applicant NO.2 Mumtazbi is living with her husband. Advocate for the applicants submitted that applicants from both proceeding were living in separate houses and there was no occasion for harassing the deceased. It was submitted by the Advocate for the applicants that similar allegations are made against another brother of the husband of the deceased, namely, Shaikh Nazir and anticipatory bail is granted to him by the Sessions Court. 5. Aforesaid record shows that main allegations are against husband that he was demanding money from the parents of the deceased. Death took 4 Cri.A.2820.11 place within three years of the marriage, but there is record to show that present applicants were living separately from the family of the husband of the deceased. In view of the nature of the allegations and as death took place due to hanging, this Court holds that there is no need of custodial interrogation and so applications can be allowed. Both applications are allowed. Ad-interim relief granted earlier to the applicants is confirmed. Sd/- [ T.V.NALAWADE, J.] MTK