Judgment Heard. 2. The applicant, who is apprehending his arrest in Crime No.28 of 12, dt.17.2.2012 reported at Police Station, Hingna, Nagpur under Section 306 r/w. 34 of the Indian Penal Code, has filed this application. At the interim stage, the applicant was granted benefit of interim anticipatory bail. At the final hearing, continuance of anticipatory bail is objected on the ground that the deceased had made a dying declaration stating that he was working as a peon since 1999 in Ahilyabai Holkar Adivasi Ashram School, Ukhali. On 2.2.2012, it was felt that the flour mill of the school was required to be repaired. It was alleged by the applicant herein Shrikrushna Ramdas Mate that the deceased was responsible for the condition of flour mill which is required to be repaired. For that purposes, the applicant demanded a sum of Rs.5,000/-, but it was not paid. Therefore, the applicant, his son and teacher Amol Panchbuddhe seized four mobile phones from the students in the school. Though the deceased was not knowing about what happened to those mobile phones, there was an allegation that those mobiles were stolen by the deceased and thereafter, the applicant prohibited the deceased from signing the muster roll on the pretext that he was not paying a sum of Rs.5,000/-. For all these reasons, the deceased committed suicide by pouring petrol on his person and setting himself on fire. Thereafter, Rajendra Thakkar extinguished fire and the injured was taken to the hospital, but unfortunately, he died. 3. The learned A.P.P. also invited my attention to the order passed by the learned Additional Sessions Judge, Nagpur on 5.3.2012, who rejected the plea for grant of anticipatory bail and has observed that the Ashram School was in pathetic condition since she herself had paid a visit to the said Ashram school. She also mentioned about the report of alleged ill-treatment by the applicant to the students and other staff members. The learned Advocate for the applicant submitted that the statement made in the alleged dying declaration as also in the order passed by the learned Additional Sessions Judge even reading together would not make out sufficient prima facie case to the say that the applicant had instigated or abetted suicide. The learned Advocate for the applicant submitted that the statement made in the alleged dying declaration as also in the order passed by the learned Additional Sessions Judge even reading together would not make out sufficient prima facie case to the say that the applicant had instigated or abetted suicide. Assuming that what is stated is correct regarding the repairs required to be carried out to the flour mill concerned in the Ashram School and the demand of Rs.5,000/-made to the deceased, it was open for the deceased to have strong protest against such demand, if it was contrary to law according to the deceased. He would have made complaint about it to the Authorities concerned. If, according to the deceased, the Director of the Ashram school was making illegal demand of Rs.5,000/-to spend for to maintain the flour mill and was making false allegations regarding theft of mobile phones, the deceased could have protested. No reasonable and prudent person, in such circumstances, would take the extreme step of ending his own life. In such case if unfortunate death occurs, it must be shown, prima facie, that the applicant had an intention to make the deceased commit suicide or abet the deceased in committing suicide. The material collected by the Investigating Officer in such a case ought to indicate mens rea on the part of the accused by necessary inference, which is not the case here at this stage. 4. In view of the above discussion, I think that benefit of bail ought not to be denied to the applicant herein. Of course, it is necessary that the applicant shall co-operate with the investigation so that the investigation is completed smoothly. Hence, the interim anticipatory bail granted in favour of the applicant is hereby confirmed subject to same conditions. The application is disposed of accordingly.