1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3755 OF 2009 1. Pravin Dayaram Koli, Age-22 years, Occu-Agriculturist, 2. Dayaram Daulat Koli, Age-48 years, Occu-Agriculturist, 3. Dhanraj Motilal Koli, Age-27 years, Occu-Agriculturist, 4. Yuvraj Daulat Koli, Age-40 years, Occu-Agriculturist, 5. Motilal Daulat Koli, Age-57 years, Occu-Agriculturist, All R/o.Sahur, Tq.Sindkheda, Dist. Dhule APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.B.R.Warma, learned counsel for the applicants. Mr.B.J.Sonwane, learned APP for the respondent State (CORAM : A.V.POTDAR, J.) DATE : 13/11/2009 PER COURT : 1. By the present application, the applicants have prayed to 2 release them on bail in connection with Crime No.72/2009 registered in Dondaicha Police Station of Dhule District, who were arrested in connection with an offence punishable u/s.304(B), 306, 498-A, 323, 504, 506 r/w.34 of IPC. 2. Heard learned counsel Shri.B.R.Warma appearing for the applicants followed by the submissions of learned APP appearing for respondent State. As the notice of the application was given to the prosecution, papers of investigation were placed before me at the time of submissions across the bar. 3. During the course of submissions, 2 points were raised before me that applicant no.1 is the husband of deceased, applicant no.2 is father in law while applicants no.3 to 5 are the close relatives of the husband of deceased. The marriage between the deceased and applicant no.1 took place on 25/04/2008 while the incident occurred on 17/07/2009. The incident is that the deceased poured kerosene on her person and herself set on fire. Thus the fact is clear that the death of the deceased is within the period of 7 years of her marriage and it is suicidal death and not a natural death. The allegations in the complaint by relatives of the deceased that the deceased committed suicide due to harassment to her by her in laws, her husband and other relatives, which resulted in her death. 4. According to learned advocate appearing for the applicant that the relatives of the husband i.e. applicant no.3 to 5 are not residing 3 alongwith applicant no.1 and 2 in the same family, hence they can not be said as the Instigators to the harassment to the deceased on the count of dowry and other demands. Statements of some neighbourers were also brought to my notice which shows that these applicants have tried to extinguish the fire to the body of the deceased. According to learned advocate for applicant that as now the investigation is over and the charge sheet is filed, the applicant be released on bail as three other accused, who were arrested in connection with this offence were already released on bail. 5. Learned APP opposed the bail application on the ground that the offence is of dowry death and the death of the deceased within the period of 7 years from the marriage of the deceased with applicant no.1. 6. Considering these submissions across the bar, one fact is clear from perusal of the papers of investigation that so far as the allegations against applicant no.3 to 5 are concerned, the papers of investigation do not disclose that they were residing together alongwith applicant no.1,2 and deceased and the other accused who were released on bail. No doubt, this is an offence of dowry death where the newly married girl committed suicide within the period of about 1 year 3 months from the date of her marriage. Then the presumption lies in favour of the prosecution due to the death within the period of 7 years after the marriage that they have to bring on record that there was no harassment on their part to the deceased 4 which resulted in committal of the suicide by the bride who was newly married. No such material is placed on record, but considering the papers of investigation on record, a case is made out to enlarge applicant no.3 to 5 on bail, but no cause is made out to enlarge applicant no.1 and 2 on bail. In the premise, application require following order : O R D E R 1. Application for bail is partly allowed. 2. Applicant no.3 to 5 be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing the PR bond in like amount. 3. After releasing on bail, the applicant no.3 to 5 have not to contact with the witnesses of the prosecution. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3755-09